Media Statement
Recognising Legal Excellence within the framework of the Constitution
15 March 2024
The Minister of Justice and Correctional Services, Mr Ronald Lamola (MP), has published Uniform Guidelines regarding the conferral of Senior Attorney and Senior Counsel honours for eligible legal practitioners.
In the past, the granting of silk was viewed as an exercise of the “honours prerogative” based on English law, which was adopted into South African law through the Union Constitution of 1910. The Senior Counsel system has evolved from the British tradition of Queen’s Counsel to the present-day Senior Counsel tradition, which has become an integral part of South Africa’s legal heritage.
In the case of Mansingh v General Council of the Bar and Others [2013] ZACC 40, the Constitutional Court determined that the bestowal of Senior Counsel honours falls under the President’s responsibility to confer honours as outlined in section 84(2)(k) of the Constitution of the Republic of South Africa, 1996.
To address various issues, it is crucial to streamline and transform the Senior Counsel system. This includes rectifying racial and gender biases that have resulted in the exclusion and marginalisation of previously disadvantaged practitioners from equal participation in the system.
Additionally, efforts must be made to counteract the emerging trend of Senior Counsel honours becoming more focused on self-interest rather than their original purpose of contributing to the development of jurisprudence and the legal profession.
The Guidelines are officially published by the Minister of Justice and Correctional Services after receiving approval from the President, consulting with legal professionals, and considering feedback from the Legal Practice Council.
These Guidelines aim to address historical racial and gender biases that have led to the exclusion and marginalisation of previously disadvantaged practitioners from equal participation.
Minister Lamola said,” the evolution of the Legal Practice within the nation involves a constant reassessment of past injustices. The colonial system of designating senior advocates as Senior Counsel, which was at times arbitrary and discriminatory, lacked a fair and just criteria. As a result, the status of Senior Counsel was often sought and granted without proper regard for transforming the legal profession.”
Click here to read the Uniform Guidelines on conferral of Senior Attorney and Senior Counsel honours on eligible legal practitioners.
Enquiries:
Mr. Chrispin Phiri
Spokesperson: Ministry of Justice and Correctional Services
081 781 2261
Issued by the Ministry of Justice and Correctional Services
