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Mansingh v General Council of the Bar and Others (CCT 43/13) [2013] ZACC 40; 2014 (2) SA 26 (CC); 2014 (1) BCLR 85 (CC) (28 November 2013)
The Constitutional Court held that section 84(2)(k) empowers the President to confer senior counsel status on advocates as part of the power to confer honours.
Mansingh v President of Republic of South Africa and Others (20879/2011) [2012] ZAGPPHC 3; 2012 (3) SA 192 (GNP); [2012] 2 All SA 295 (GNP); 2012 (6) BCLR 650 (GNP) (9 February 2012)
Section 84(2)(k) of the Constitution does not empower the President to confer the status of senior counsel on practising advocates. The historical prerogative to appoint Queen's or King's Counsel was codified in earlier constitutions but was deliberately excluded from the current constitutional framework. The Constitution makes a clean break from the past and only authorises the President to confer honours for distinguished service to the country, such as national orders. The conferral of senior counsel status is a professional advancement, not an honour as contemplated by section 84(2)(k). T…
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