Zuma meets his match

JOHANNESBURG advocate Roshnee Mansingh has a history of taking on the government - and winning.

Now the mother-of-two has shaken the legal fraternity, as well as removing the president's right to create senior counsel (SCs), the legal practitioners regarded as being at the top of the advocates' profession.

Mansingh successfully argued before the High Court in Pretoria that Zuma did not have the authority to create SCs, known as "silks".

Another possible consequence of Judge Legodi Phatudi's ruling is that the appointment of senior counsel after April 27 1994 may be invalid.

This affects many of the country's 455 senior advocates.

This week Mansingh said the ruling in her favour - which still has to go to the Constitutional Court - was "outstanding" and a "victory for the legal profession".

"I'm very happy with the judgment, as it opens doors to a new democratic legal profession ... it will certainly open the debate on the transformation of the legal profession by levelling the playing field."

One of the reasons Mansingh began her battle eight years ago was that she felt it was unfair that a "small elitist group" decided on who was able to "take silk", or become an SC.

Advocates wanting to become senior counsel have to apply to their Bar Council, which in turn refers it to the Judge President and minister of justice. A recommendation is then made to the president, who would bestow the honour on the recommended candidates.

Mansingh, who was appointed an advocate in 1998, has applied repeatedly to become an SC - as have numerous colleagues - but to no avail.

She approached the High Court in Pretoria late last year and argued that the procedure and criteria of appointing silks was vague and inherently unfair.

It is not the first time Man-singh has opposed the authorities. In 2009 she took the Ekurhuleni Metro municipality to court on behalf of the Harry Gwala informal settlement, and successfully argued that the council was responsible for building toilets for residents.

The municipality was ordered to purchase the land on behalf of the occupiers and develop the settlement.

In 2010, in another matter against the Ekurhuleni Munici-pality, she successfully argued that the Constitutional Court had failed to recognise a minimum core right to basic services.

In August 2009, she represented the occupiers of the Protea South Informal Settlement in Soweto against the city of Johannesburg, highlighting the need for and importance of mediation in housing law matters. Parties are preparing to return to court on this matter.

Over the years she has represented the poor in many matters relating to land, sanitation and the provision of basic services.

Mansingh was raised in Ladysmith in KwaZulu-Natal, entered the legal profession in 1992 and was admitted as an attorney in April 1994.

She is a member of the Johannesburg Bar as well as the International Bar Association and also practises in England and Wales.

In his ruling last week, Judge Phatudi said the president's "right" to appoint SCs was based on legislation from 1961 and 1983 - and that the democratic South Africa's constitution did not make the same provisions.

The judgment means new legislation will have to be drawn up to stipulate who can bestow the honour of silk on advocates.

Constitutional law expert Professor Pierre de Vos said the judgment would take effect only once confirmed by the Constitutional Court, because it affected the constitutionality of the president's powers.

"What the judgment seems to suggest is that there's two ways to solve the problem: to abolish the notion of silk altogether, or for parliament to pass legislation to deal with the matter, " De Vos said.

The General Council of the Bar of South Africa and Johannesburg Bar Council have indicated that they may appeal against the judgment as "the court's ultimate conclusion as to the ambit of the president's powers are susceptible to challenge on appeal".

Zuma's spokesman, Mac Maharaj, said the president would study the judgment and consult the legal fraternity before deciding on whether to appeal.

THE PRESIDENT'S WOES

ADVOCATE Roshnee Mansingh's victory is not the first time President Jacob Zuma has been dealt a bloody nose. From losing court cases to embarrassing appointments that were later overturned, here is a summary of some of his recent woes:

October 2011: Judge Willem van der Merwe withdraws from the arms deal commission set up by Zuma, citing personal reasons. Judge Van der Merwe is the judge who acquitted Zuma on rape charges in 2006.

October 2011: A board of inquiry into suspended police boss Bheki Cele is also forced to be reshuffled. Judge Jake Moloi takes over from Judge Yvonne Mokgoro, who recused herself after it emerged she serves on the police service trust fund.

December 2011: The Supreme Court of Appeal rules that Zuma acted "irrationally" in appointing prosecutions chief Menzi Simelane. The SCA pronounces his appointment unconstitutional and invalid.

December 2011: Musical chairs within the NPA continues as Zuma appoints Advocate Nomgcobo Jiba as acting head of the Special Investigating Unit. Two weeks later, Zuma appoints Advocate Nomvula Mokhatla to this position. Jiba is moved to head the NPA.

December 2011: Zuma's former legal adviser Willem Heath resigns two weeks after taking the job as head of the SIU. Questions are raised over his appointment and Heath follows up with controversial statements about former president Thabo Mbeki.

February 2012: The corruption allegation against Zuma refuses to go away three years after the probe into him was dropped. The DA goes to the appealto argue it has legal grounds to ask for a review of the decision in 2009 by the then acting national director of public prosecutions, Mokotedi Mpshe, to withdraw the charges. - Isaac Mahlangu