General Council of the Bar v Mansingh

Ms Urmilla Mansingh, a practising advocate and member of the Johannesburg Society of Advocates, applied to the North Gauteng High Court for a declaratory order that s 84(2)(k) of the Constitution does not authorise the President to confer the status of senior counsel (silk) on practising advocates. She cited the President, the Minister of Justice and Constitutional Development, and various professional bodies, including the General Council of the Bar (GCB) and the Johannesburg Society of Advocates (JSA). The High Court upheld her contention and granted the declarator. With leave, the GCB and JSA appealed to the Supreme Court of Appeal, contending that the President’s constitutional power to ‘confer honours’ includes the authority to appoint senior counsel, alternatively that such authority flows from s 84(1) as an auxiliary power of the Head of State.

The appeal was upheld. The order of the North Gauteng High Court was set aside and replaced with an order dismissing the application. The first and second respondents were ordered to pay the applicant’s costs in the court a quo.

The case authoritatively confirms that the President’s constitutional power to ‘confer honours’ under s 84(2)(k) includes the power to appoint senior counsel. It clarifies the constitutional status of the long‑standing institution of silk in South Africa and affirms the relevance of historical context and prerogative powers in constitutional interpretation.