NGCOBO J eminently within the domain of one or other of the arms of government and not the others. All arms of government should be sensitive to and respect this separation.”135 (Footnote omitted.) Courts too must observe the constitutional limits of their authority. Thus, in Doctors for Life we emphasised that: “The constitutional principle of separation of powers requires that other branches of government refrain from interfering in parliamentary proceedings. This principle is not simply an abstract notion; it is reflected in the very structure of our government. The structure of the provisions entrusting and separating powers between the legislative, executive and judicial branches reflects the concept of separation of powers. The principle ‘has important consequences for the way in which and the institutions by which power can be exercised’. Courts must be conscious of the vital limits on judicial authority and the Constitution’s design to leave certain matters to other branches of government. They too must observe the constitutional limits of their authority. This means that the Judiciary should not interfere in the processes of other branches of government unless to do so is mandated by the Constitution.”136 [182] It is unquestionably the constitutional province of the executive to develop and implement policy.137 Consistently with this, section 62 of the Sexual Offences Amendment Act requires the Minister to adopt the NPF, among other things, “to guide the implementation, enforcement and administration of the Act.”138 The NPF must be 135 Minister of Health and Others v Treatment Action Campaign and Others (No. 2) [2002] ZACC 15; 2002 (10) BCLR 1033 (CC); 2002 (5) SA 721 (CC) at para 98; Doctors for Life above n 36 at para 199 and 1462E-F. 136 Doctors for Life above n 36 at para 39 and 1417C-E. 137 Section 85(2)(b) of the Constitution provides: “(2) The President exercises the executive authority, together with the other members of the Cabinet, by— (b) 138 developing and implementing national policy.” Section 62(1)(b) provides: “(1) The Minister must, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health and the National Director of Public Prosecutions, adopt a national policy framework, relating to all matters dealt with in this Act, to— 91

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