 What is the separation of powers? Welcome to the Civics Academy governance series. In these videos we explore different aspects of democratic governance and the concept of the separation of powers as one of the key features of democracy. In this video we look at the concept of the separation of powers and why it is so important for our democracy. The separation of powers is a key feature of a democratic system of government. This system divides the state into three branches the legislative, executive and judicial branch and gives each the power to fulfill different tasks. Tests are assigned to the different branches and their institutions in such a way that each of them can check the exercise of power by the others. As a result, no single branch can become so powerful as to control the system completely. The separation of powers is important because it provides a vital system of checks and balances. It ensures that the different branches control each other. This is intended to make them accountable to each other. These are the checks. It divides power between the different branches of government. This balance aims to ensure that no individual or group of people in government is all powerful. Power is shared and not concentrated in one branch. The main purpose of the separation of powers is therefore to prevent the abuse of power. In South Africa, the Constitution sets out the principle of the separation of powers. In Chapter 4, 5 and 8, it lays out the structure, roles and responsibilities of the three branches of government. Chapter 4 of our Constitution establishes the legislative branch. The Legislature is also known as Parliament and consists of two Houses, the National Assembly and the National Council of Provinces. This is where laws are debated and passed. We explain the tasks and responsibilities of the Legislature in more detail in our video, What is the Legislature? The Executive branch, as established by Chapter 5, includes the President, the Deputy President and the Cabinet of Ministers. The Executive formulates policies, administers and implements the laws of the Legislature and enforces the decisions of the Judiciary. We explain the tasks and responsibilities of the Executive in more detail in our video, What is the Executive? The third branch is the Judiciary, established by Chapter 8 of the Constitution. This branch includes all courts as well as all judges and magistrates working in these courts. The Judiciary interprets and applies the law. In contrast to the other two branches which are made up of political party representatives, the Judiciary has to be impartial and non-political. We explain the tasks and responsibilities of the Judiciary in more detail in our video, What is the Judiciary? The design of the separation of powers differs from country to country. In some democracies, there is a clear separation not only of the functions but also of the personnel in each branch. In such systems, an individual cannot serve in more than one of the branches of government at the same time. In South Africa, we do not have this complete separation of personnel. Here, individuals can fill positions in two branches at the same time. Members of the Cabinet representing the Executive are usually also members of the National Assembly or Parliament, which is part of the Legislature. The Legislature controls the work of the Executive. This happens through oversight committees which consist of members of Parliament from different political parties. It is impossible to achieve an absolute separation. Some overlapping will happen, especially when members of the Cabinet and the majority of MPs in the National Assembly are from the governing party. However, the separation between the Judiciary and the other branches of government is usually very strict, as the Judiciary must act independently and free from political influence. In South Africa, the Judiciary has the power to pronounce upon the acts and decisions of the Executive and legislative branches of government. It can decide on the constitutionality of laws passed by Legislature and it can declare invalid any exercise of power by the Executive that is not authorised by law or that is in conflict with the Constitution. Summary The existence of a formal distinction between the three powers is an important characteristic of democratic governance. The division of powers between the Legislature, Executive and Judiciary provides a vital system of checks and balances. This is to prevent the abuse of power by government officials. The separation of powers ensures that the three branches of government control one another and are accountable to each other. This system further limits the power of each individual branch so that state power is shared.