Morgan Courtenay – Part-time In-house Counsel
Morgan is an advocate and member of the Johannesburg Society of Advocates. He is the in-house Counsel at the Centre, where he leads and represents the Centre’s litigation submissions in Supreme Court of Appeal and Constitutional Court cases. On a personal note: Morgan is a bibliophile and an avid ultra-endurance cyclist.
He holds an LLB and LLM from the University of Pretoria. Before joining the Bar, he practised for several years as an attorney at the University of Pretoria Law Clinic, the Centre for Applied Legal Studies, and the Centre for Child Law.
Morgan maintains a diverse practice and has a particular interest in administrative law, constitutional law, commercial law, and family law. He is also an Extraordinary Lecturer at the Department of Private Law, University of Pretoria.
He has appeared in most Superior Courts in South Africa, including the Supreme Court of Appeal and Constitutional Court.
Morgan is also an accredited commercial mediator (Conflict Dynamics).
Recent / Major Cases
TT and Another v Minister of Social Development and Others (43969/20) [2022] ZAGPJHC 931 (19 November 20222) (to be reported).
Centre for Child Law v Director of Public Prosecutions, Johannesburg & Others (CCT210/21) [2022] ZACC 35 (29 September 2022).
D and Another v Head of Department of Social Development, Gauteng and Others, S and Another v Head of Department of Social Development, Gauteng and Others (30205/2019, 55642/2019) [2021] ZAGPPHC 388 (17 June 2021)
K obo MK and Another v Road Accident Fund and Another; M obo CM and Another v Road Accident Fund and Another (1677/2019; 1928/2019) [2021] ZAGPJHC 40; [2021] 3 All SA 544 (GJ) (7 April 2021).
Central Authority for the Republic of South Africa and Another v C (18381/20) [2020] ZAGPJHC 236; 2021 (2) SA 471 (GJ) (15 September 2020).
S v L M and Others (97/18; 98/18; 99/18; 100/18) [2020] ZAGPJHC 170; [2020] 4 All SA 249 (GJ); 2020 (2) SACR 509 (GJ); 2021 (1) SA 285 (GJ) (31 July 2020).
National Adoption Coalition of South Africa v Head of Department of Social Development, for the Province of KZN and Others (D4680/2018) [2020] ZAKZDHC 6; 2020 (4) SA 284 (KZD) (24 February 2020)
Moodley v Kenmont Schools and Others (CCT281/18) [2019] ZACC 37; 2020 (1) SA 410 (CC); 2020 (1) BCLR 74 (CC) (9 October 2019).
S v S and Another (CCT147/18) [2019] ZACC 22; 2019 (8) BCLR 989 (CC); 2019 (6) SA 1 (CC) (27 June 2019).
Radhuva v Minister of Safety & Security and Another (CCT161/15) ZACC 24; 2016 (10) BCLR 1326 (CC); 2016 (2) SACR 540 (CC) (11 August 2016).
Centre for Child Law v Minister of Social Development 2014 (1) SA 468 (GNP).
Centre for Child Law v Minister of Social Development (21122/13) [2013] ZAGPPHC 305; 2014 (1) SA 468 (GNP) (30 October 2013).
S v S (CA&R 426/2012) [2013] ZAECGHC 62; 2013 (2) SACR 323 (ECG) (24 May 2013).
S v FM (A263/12) [2012] ZAGPPHC 180; [2012] 4 All SA 351 (GNP); 2013 (1) SACR 57 (GNP) (20 August 2012).
Publications:
Courtenay and Stwayi “Adoption”, in Davel and Skelton (Ed.) Commentary on the Children’s Act [Revision Service 11, 2020].
Skelton and Courtenay (2018) “The Child Justice Act: practice and procedure”, in Bezuidenhout (Ed.) Child and youth misbehaviour in South Africa (4th ed.), Pretoria: Van Schaik Publishers
Courtenay & Hansengule (2014) in Proudlock (Ed.) South Africa’s Progress in Realising Children’s Rights: A Law Review Cape Town: Children’s Institute, University of Cape Town & Save the Children South Africa.
Skelton and Courtenay (2013) “A New Child Justice System for South Africa”, in Winterdyk Juvenile Justice: International Perspectives, Models and Trends (3rd ed.), Toronto: CRC Press.
Skelton and Courtenay (2013) “The Child Justice Act: practice and procedure”, in Bezuidenhout (Ed.) Child and youth misbehaviour in South Africa (3rd ed.), Pretoria: Van Schaik Publishers.
Courtenay “Automatic review of regional court sentences” 14-3 Article 40 11.
Courtenay “Solons warning: S v CKM & 2 Similar Cases (Centre for Child Law as amicus curiae), 14-1 Article 40 6.
Skelton and Courtenay “The impact of children’s rights on criminal justice” 25 South African Journal of Criminal Justice 180.
Le Roux and Courtenay “Sexual Penetration, Participation and New Legislation: A Critical Note” 74 Journal of Contemporary Roman-Dutch Law 286.
Recent Lectures / Conference Papers
Clarks 9th Annual Family Law Conference (20 October 2022) – TT v Minister of Social Development: The DSD’s Adoption Guidelines & Conduct called into Question.
Workshop hosted by Children’s Legal Defence Centre (Somaliland) (08 February 2022) – Guidelines on the Legal Representation of Children in Conflict with the Law.
World Congress on Justice with Children “Ensuring Access to Justice for all Children: towards non-discriminatory and inclusive child justice systems” (17 November 2021)
Children Living with HIV/AIDS & TB – violations and remedies hosted by ProBono.Org (20 July 2021)
“Why, sometimes I’ve believed as many as six impossible things before breakfast.”
– Lewis Carroll, Through the Looking Glass