1. Assignment statement and question

Under the apartheid system in South Africa, the state operated under the parliamentary sovereignty. Due to this, the old Constitution 'created separate parliaments for whites, coloureds and Indians' while denying black people 'a say in government'. Accordingly, this was not regarded as supreme, hence it:

'. . . meant that members of parliament could pass any laws they liked - as long as the correct procedure was followed, it did not (sic) matter if the constitution was violated. Back then the courts had no power to scrutinise and overrule any legislation that violated human rights; nor had any such rights been entrenched in that constitution.'

Considering this, parliamentary sovereignty became a vehicle for oppression and injustice. However, this changed in 1994 when South Africa became a constitutional democracy and what was then the interim Constitution became the highest source of authority in the land. In light of this background and relying on the Constitution of the Republic of South Africa, 1996, and relevant case law, discuss the different state authorities and consider to what extent they conform to the doctrine of separation of powers.

2. Notes and Instructions to students

2.1. Length: the length of the assignment should be 1500-2000 words (with footnotes included, excluding the bibliography). Where the student exceeds the word limit or is below the minimum (1500), there will be a penalty of 10% of the assignment mark.

2.2. Style: the assignment must be written in Word format (using Arial). The font size is 12. The line and paragraph spacing should be 1.5. The footnotes must be in Arial, 10pt with 1.0 line spacing.

2.3. The cover page and table of contents: students are required to start the assignment with a cover page that entails students' details and that of the module. In addition, there should be a table of contents that is identical to the structure of the assignment.

2.4. Structure: students are required to provide a brief overview and understanding of the question beforehand. This will start with an introduction, a body (which will include an in-depth discussion of state authorities), and a well-written conclusion at the end of the assignment. In addition, students are required to provide a bibliography in which all the sources that were visited are listed.

2.5. References: students are required to reference using footnotes (as noted above, which will be supported by a bibliography). Students must engage with both primary and secondary sources. PLEASE REFERENCE YOUR WORK: NO PLAGIARISM. Please follow the NWU reference guide.

3. Marking grid (30 marks)

3.1. Introduction (3 marks) Students will have to show an understanding of the question beforehand. Thus, it is essential to provide a brief overview introduction to the study.

3.2. Body (20 marks) Students will have to provide for all state authorities. Thus, students are required to link up the principle of separation of powers in relation to the various types of state authorities and their limitations thereto. In so doing, students will also have to give an example of each state authority and their responsibilities (this also includes their composition). More so, in discussing such, students are also required to make use of case law relating to such. In addition, students are required to mention the relevant provision as provided for in the Constitution of the Republic of South Africa that provides and/or such authorities were built from.

3.3. Conclusion (3 marks) Students must demonstrate an understanding of the literature discussed by making conclusions that are linked to the discussions in the body of the assessment.