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Court to consider granting of 'silk' status

Business Day reports from the North Gauteng High Court that advocate Roshnee Mansingh will be taking on an institution that has been around since SA was a part of the British empire - the granting to advocates who have reached a certain level of excellence in their practices, by the head of state, of senior counsel - or "silk" - status.

30 Nov 2011

The case to be argued by 17 advocates, including 10 silks, will revolve around the narrow question of whether the granting of silk status is an "honour" that can be granted by the president under the constitution. If it is not, then the president may not award it, Mansingh will argue. If the court agrees with her it could mean the end of silk, at least until legislation is enacted to restore it, Business Day reports.

Mansingh argues that when the constitution assigns to the president the power to "confer honours", like the national orders such as the Order of Luthuli or the Order of the Baobab - these are an expression of "the country's admiration or thanks for some past act or achievement considered by (the president) as of such significance as to be worthy of recognition by the country as a whole". Silk status, on the other hand, is forward-looking, they say. Attaining silk means more important briefs and, usually, higher fees.

President Jacob Zuma "has confirmed that he does indeed view the conferment of senior counsel status as an honour. This should put the matter to rest," say his counsel.

Read the full article on www.businessday.co.za.