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Nutshell: The Impracticability and Impossibility of the Doctrine of Separation of Powers

INTRODUCTION This essay seeks to discuss the impracticability and impossibility of the doctrine of separation of powers being absolute. The discourse will begin with the historical background of the doctrine before moving on to show, with the use of examples, how impossible and impractical it is for the doctrine to be absolute in any given entity. ORIGIN OF THE DOCTRINE OF SEPARATION OF POWERS The doctrine of separation of powers is derived from Montesquieu’s writings in the book ‘The Spirit of Laws.’ Montesquieu’s elaboration of the doctrine was based on John Locke’s writings and the British Constitution of the 18 th century. [1] Thus, Separation of Powers is a political doctrine which urges for a constitutional government with separate branches of government. Each of these branches would have defined abilities to check the powers of other branches. [2] The doctrine of separation of powers therefore rose to prominence in the 18 th century and primarily postulates that there
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Self-Incriminating Evidence: A Critique of Re Mothejoa Metsing

1.0 INTRODUCTION One of the legal issues in the Constitutional Court of Lesotho case of Mothejoa Metsing v Director General and Others was that of the right against self-incrimination. In this regard, this essay seeks to give a discussion on whether or not self-incriminating evidence can be obtained by investigations. The essay will begin by giving the position of the law as regards self-incrimination before moving on to show how this rule was applied with reference to the case of Mothejoa Metsing. The discourse will then close with a succinct summary of all the main points alluded to. 2.0 THE LAW ON SELF-INCRIMINATION Evidence is material, items or assertions of fact that may be submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it. [1] As a general rule, evidence which is relevant, has probative value and is of sufficient weight to issues in legal proceedings, should be admitted.  However, there are
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