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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.
General Council of the Bar and Another v Mansingh and Others (417/2012) [2013] ZASCA 9; 2013 (3) SA 294 (SCA); [2013] 2 All SA 542 (SCA) (15 March 2013)
The Supreme Court of Appeal held that section 84(2)(k) of the Constitution, which empowers the President to 'confer honours', includes the authority to appoint senior counsel (silk) on practising advocates. This interpretation is supported by the historical context, where the prerogative power to confer honours traditionally encompassed the appointment of senior counsel, and by the intention of the drafters to codify compatible prerogative powers within the constitutional framework. The court rejected arguments that the institution of silk is not an honour or that its exclusion from the Presi…
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