Explain constitutional concept relevant to constitutionality


Problem:

You are a legal advisor to the President of Cambia (a fictional country), and she seeks your advice on the following matter: To curb corruption in state departments, the executive initiated, and Parliament passed, the State Corruption Investigating Judges Authority Bill 123 of 2023. The Bill establishes the Unit, made up of 5 sitting judges. The Bill has been placed before the president for her assent, and she has reservations about its constitutionality. The Unit is granted extensive powers of search and seizure by the Bill, to be carried out under the supervision of the judges. The judges are required to report on the activities of the Unit to the President quarterly, and to account to Parliament about the unit's work annually. Cambia's Constitution is identical to that of South Africa and you are required to explain the constitutional concept relevant to the constitutionality of the Bill and advise the president with reference to case law. Explain the concept fully and outline its operation in terms of South African constitutional law.

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