THE SEPARATION OF POWERS AND THE NON-DELEGATION DOCTRINE In re Constitutionality of the Mpumalanga Petitions Bills, 2000 2000 1 SA 447 (CC); 2001 11 BCLR 1126 (CC)

The modern concept of separation powers was first introduced by Charles Louis de Secondat, Baron la Bréde et Montesquieu (1689-1755), in his well-known work L’Esprit des Loix (1748). Since then this has developed into a doctrine made up four basic principles, one which is the principle functions (the other three being: trias politica; personnel; and checks balances – see Van der Vyver “Separation Powers” 1995 SAPL 177).The provides that each branch state may only exercise those have been entrusted to it gives rise many complex issues. One these extent legislative validly delegate lawmaking another body or person. This issue considered Constitutional Court on number occasions, most recently case In re Constitutionality Mpumalanga Petitions Bill, 2000 (2002 1 SA 447 (CC); 2001 11 BCLR 1126 (CC)).This judgment particularly interesting because deals not with type power be delegated person focus Court’s previous judgments but also sorts bodies persons whom delegated.Besides dealing delegated, clarifies issues relating referral bill president (or provincial premier) terms section 79 s 121) Constitution.