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Potchefstroom Electronic Law Journal (PELJ)

On-line version ISSN 1727-3781

Abstract

MAGANOE, S. Legislative Oversight and Executive Accountability in South Africa. PER [online]. 2023, vol.26, n.1, pp.1-34. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2023/v26i0a13371.

A glance at political theory reveals a preoccupation with the corrosive nature of power, in particular with how to ensure that the governors are sufficiently accountable to the governed. Legislative oversight is a constitutional requirement in the South African system of government. However, poor performance, maladministration and a lack of accountability in various government institutions have continued to be a major challenge. In recent years the implementation of legislative oversight has proven to be a challenge, with findings of abuse of state power revealed by reports from the Office of the Public Protector as well as corruption scandals in procurement processes. This study examines the role of parliament in holding the executive accountable in line with the constitutional values of transparency, accountability and responsiveness. Apart from delineating the reach of parliament's powers and functions, the main thrust of the study, given the existing vicissitudes in our constitutional edifice, including the failure of parliament to hold the executive accountable, is on how to strengthen the institution of parliament in its oversight role.

Keywords : Separation of powers; legislative oversight; accountability.

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