SCA unanimously holds that the Constitution authorizes the President of the RSA to confer the status of Senior Counsel on practicing advocates

19 March 2013 548

The SCA unanimously upheld the appeal of the GCB setting aside the order of the North Gauteng High Court which held that s 84(2)(k) of the Constitution does not authorise the President of the Republic to confer the status of senior counsel on practising advocates in the matter of General Council of the Bar v Mansingh (417/12) [2013] ZASCA 9 (15 March 2013). The SCA found that the intention of the drafters of the Constitution was not to abolish prerogative powers or to diminish the function of the head of State previously derived from the royal prerogative, but rather to codify these and render them subject to the Constitution. The SCA held that s 84(2)(k) must be afforded its traditional content, which included the power to appoint silks.

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General Council of the Bar v Mansingh (417_12) 2013 ZASCA 9 (15 March 2013) (2).pdf

Tags: Legal Update