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Our courts have endeavoured to develop the concept of the separation of powers and have, indeed, had the opportunity of exploring the concept of judicial independence in terms of section 165 of our constitution . The concept of the separation of powers is important for South Africa, as the country was operating under the Westminster paradigm . Successive apartheid governments have abused this system in order to fulfil their overall scheme of separating the races contrary to the precepts of Roman-Dutch law, which stated quite plainly that law was, colour blind. Over the years many people have endeavoured to go to court in order to assert their rights that were accorded them in terms of the principles of legality under the common law and to give credit to the judiciary which had limited arsenals in stemming the tide of emasculation of rights, many victims of apartheid sought and obtained relief from the courts
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