On 22 August 2013 at 10h00 the Constitutional Court will hear an application for leave to appeal by Ms Mansingh (the applicant) against a decision of the Supreme Court of Appeal (SCA). The applicant seeks an order declaring that the President’s power to confer honours in terms of section 84(2)(k) of the Constitution does not include the power to confer senior counsel (silk) status on practising advocates.
The General Counsel of the Bar (GCB) and Johannesburg Society of Advocates (JSA) oppose the application. The status of senior counsel is conferred on an advocate by the President, who issues letters patent to the recipient, acting on the recommendation of the Minister of Justice (Minister).
In the North Gauteng High Court, Pretoria (High Court) the applicant challenged the institution of silk on the basis that the Constitution does not authorise the President to confer silk.
The Court upheld her claim and declared that section 84(2)(k) does not confer a power on the President to confer silk. On appeal, the SCA overturned the High Court decision, finding that section 84(2)(k) allows the President to confer, as an honour, the status of senior counsel on practising advocates.
Before the Constitutional Court Ms Mansingh argues that the SCA lost sight of the fact that silk status is a certification of professional quality awarded by way of letters patent – not an honour. The GCB and JSA submit that the SCA was correct in its interpretation of section 84(2)(k) and ask that the application be dismissed.
