Deconstructing the trias politica doctrine in the post-apartheid South African context: insights on judicial hegemony.

Abstract

The main aim of this paper is to deconstruct the Trias Politica Doctrine in the South African context, with specific reference to the influence and power of the judiciary over the other two arms of government (legislature and executive).Through utilising case study design, qualitative methods, and document analysis as data collection technique, we argue that the judiciary, through its various courts, has in numerous cases influenced the legislative and executive activities and programmes of government. We conclude that, while John Locke and Charles De Montesquieu offered, great contribution in explaining the concept of separation of powers, the judicial power and influence in South Africa over the activities of the legislature and executive suggest that separation of powers does not fully hold water in the context of this sub-Saharan African state. However, there is what should be understood as judicial Hegemony informed by the principle of constitutional supremacy.