Synopsis:
Application for leave to appeal against a judgment of the Supreme Court of Appeal concerning the President’s ability to confer the status of “silk” or senior counsel on advocates in terms of the powers and functions of the President deriving from section 84(2)(k) of the Constitution. The ability to confer this status was challenged on the basis that the power to confer “silk” extended beyond the ambit of “conferring honours” provided for in the Constitution. The Court held that the wording of section 84(2) is permissive and broad, affording a wide discretion to the President to confer honours on any category of persons. Conferring the honour of “silk” on advocates was therefore within the President’s power. The Court dismissed the appeal.
Judgment: Nkabinde J (unanimous).
