n Tydskrif vir die Suid-Afrikaanse Reg - Road blocks on the silk route
2013 3 SA 294 (SCA)
2014 1 BCLR ....(CC) : regspraak

Volume 2014, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Conferring a senior status on certain advocates is a settled practice in South Africa. It is a product of a colonial past in which traditions and institutions of the imperial metropole were transplanted to the colonies. (See King "Senior counsels: the road to silk in Singapore" 1989 172 (http://heinonline.org (28-6-2013)) and in respect of the introduction of the system in the former Free State and Transvaal republics after the Anglo-Boer war, Kahn "Silks" 1974 95 98-99). Dawson states that the "retreat of the empire caused a retrenchment of prerogative power while growing republican sentiment in former British territories led to queen's counsel being renamed 'senior counsel' or 'senior advocates' in some jurisdictions" ("The rank of Queen's Council: judicial perspectives" 2013 38 52).

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