Separation of human resource,
where no similar individuals
should function in more than
one of the three branches
In terms of the draft constitution no member of the judiciary can
be a member of either the executive or the legislature
Even though members of the executive can also be members of
the legislature, this is seen as a mechanism to promote
coordination between the two. It is unlikely to compromise the
independence of the legislature.
Each branch must be financially Remuneration for the members This reduces the risk of one arm
of each branch is constitutionally of government using its control
independent of each other.
over resources to influence
provided for
other arms of government.
Each branch must be able to
provide oversight of the other
This gives the parliament the
crucial mandate and right to
demand accountability from the
other two branches and
institutions that operate within
Section 6.4 (3) obliges all those branches.
state institutions to account
to parliament.
Section 6.4 gives parliament
the power to ensure that all
the provisions of this
constitution are upheld.
Section 8.6 (3) gives the
constitutional court the right to
test the legality of legislation and
conduct of the parliament and
the president.
This gives the crucial mandate to
the judiciary to review all
legislation and conduct. This
gives the judiciary the right and
platform to check the executive
and parliament against any
unconstitutional/unlawful
conduct.
Section 8.26 provides for Although the procedure is still
grounds and procedure for the vulnerable
to
political
removal of the judges and manipulation, this gives the
executive, the mandate to check
magistrates from office.
on the judiciary and ensure that
they are administering the law
constitutionally.
Section 5.20 (2) requires the This creates a mechanism for
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