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The government is undertaken by three inter-connected branches of government:

§ Legislature: The National Assembly and the National Council of Provinces

§ Executive: The President, who is both Head of State and Head of Government

§ Judiciary: The Constitutional Court, the Supreme Court of Appeal, and the High Court

And each of its powers are separated, this is called a separation of Powers. Each branch has its own function and cannot cross boundaries of one another. So the breakdown is as follows:

Legislature- (who consist of the winning party who won the election) as in our country the ANC. The functions of the legislature are to make law, amend law and repeal law ( ACTS passed by parliament) BUT Subject to the CONSTITUTION (which is the highest supreme law of our country. It was written by the people for the people and protects the rights of all citizens)

Executives- which consist of the president etc- the function of the executives are to execute the law and to enforce it. Bear in mind that the executives Cannot make the law or alter it, only enforce it and execute it.

The Judiciary- who consists of constitutional court, high court etc their functions are to interpret the law and apply it. Most importantly they act as referee between the legislature and executives and ensure that the law that passes is in line with the constitution.

Now bearing in mind the functions of the above branches which run the country cannot over step each other’s boundaries however in parliament when passing a law the judiciary can strike down a law if it is against the constitution. Not even the president has the power to strike down a law or amend a law.

Above I give you a breakdown of powers to show you the importance of the judiciary ie the constitutional court as it adheres to the constitution and anything unconstitutional they will not pass.

Now please read this article and tell me what your opinion is about the government wanting to review the constitutional decisions!!!

Constitutional Court review questioned

Tuesday 28 February 2012 18:24

SABC

Minister of Justice and Constitutional Development Jeff Radebe(SABC)

TAGS:

The Justice Minister has sought to allay concerns over perceived interference with constitutional court. Last week, government spokesperson Jimmy Manyi said there were no holy cows in South Africa which included the Constitutional Court.

Government wants the court's judgments assessed to determine if it’s contributed to transformation. Minister Jeff Radebe released a discussion document on the transformation of the judicial system today.

The Constitutional Court, which is the highest legal authority in the land, is seen as invincible and untouchable. The review of the Constitutional Court has sparked fears of interference with the judiciary.

Minister of Justice and Constitutional Development Jeff Radebe said that its independence was guaranteed. The court has a constitutional democracy due to the ANC so there can't be valid reasons why people can even challenge that. He said that the fact of the independence of the judiciary is on track.

it is not clear exactly why the minister wants this review of constitutional court judgment.

The Office of the Chief Whip in Parliament says the ANC caucus will fully support efforts by cabinet to review the judicial system. ANC Caucus spokesperson, Moloto Mothapo says: "The discussion of this type is long overdue and necessary to the strengthening of our constitutional society, in which all people are equal and enjoy equal access to opportunities our hard-fought democracy presents.

"We are pleased with this development as contrary to doomsayers and those who have anointed themselves defenders of our constitutionalism. It is illustrative of a government that is faithful and obedient to the Constitution and takes seriously its constitutional task of deepening principles of a just society and unites the people of South Africa in their diversity," Mothapo added.

Some critics believe the Minister was vague on details and the intended consequences of such a review.

Constitutional Law professor at the University of Cape Town, Pierre de Vos said that it is not clear exactly why the minister wants this review of constitutional court judgment.

The assessment will be made by academic and research bodies and will be completed within 18 months. The terms of reference will be announced soon.