Senior counsel issue debated in top court

It notes the debate over senior advocates 'taking silk' - a practice that came to SA law through colonialism - is one of the central discussions in Parliament's Justice Committee during the processing of the Legal Practice Bill. The Bill in its draft form does not specifically codify how senior counsel status is awarded. Some MPs want it left to the common law while others believe it should appear in the legislation. Johannesburg Advocate Roshnee Mansingh yesterday turned to the Constitutional Court to appeal against the SCA decision that the Constitution allowed the President to confer, as an honour, the status of senior counsel on practising advocates. Nazeer Cassim SC, for Mansingh, told the court that the Constitution of 1996 made a clean break from the past and 'the power to confer silk was dropped'. He said the appointment of silks should continue as it encouraged the pursuit of excellence. 'However, it is the right of the Bar Council to determine that.' Wim Trengove SC, for the Johannesburg Society of Advocates, took issue with Mansingh's characterisation of the conferral of silk as 'a certification of the forensic experience, ability and skill of the holder'. He said this was not correct - that silk was readily and naturally encompassed by the ordinary meaning of the concept of 'honour'. Full Business Day report (subscription needed)