Mark Morgan

CALLED TO BAR: 2017
COUNTRIES OF ADMISSION: SOUTH AFRICA

Before being called to the Bar, Adv. Morgan completed his articles of clerkship and briefly practiced as an attorney at one of the big five law firms based in Sandton. He was involved in big cases in various sectors of the economy and practice areas. He also has exposure in arbitrations, commission of inquiries, and has been involved complex commercial tax transaction structuring and advisory.

During his time at the law firm he co-authored several published articles listed below. 

Adv. Morgan was appointed as a law researcher (also known as a judge’s associate in other jurisdictions) to the Hon. Chief Justice Mogoeng Mogoeng. Amongst others, Adv Morgan was involved in the prominent judgments listed below

Public Protector v South African Reserve Bank [2019] ZACC 29; 2019 (9) BCLR 1113 (CC); 2019 (6) SA 253 (CC) (22 July 2019) (Mogoeng CJ dissent)

De Klerk v Minister of Police [2019] ZACC 32; 2019 (12) BCLR 1425 (CC); 2020 (1) SACR 1 (CC) (22 August 2019) (Mogoeng CJ dissent)

Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others [2019] ZACC 34; 2019 (11) BCLR 1321 (CC); 2020 (1) SA 1 (CC) (18 September 2019) (Mogoeng CJ unanimous)

President of the Republic of South Africa v Democratic Alliance and Others [2019] ZACC 35; 2019 (11) BCLR 1403 (CC) (18 September 2019) (Mogoeng CJ majority)

Gelyke Kanse and Others v Chairperson of the Senate of the University of Stellenbosch and Others [2019] ZACC 38; 2019 (12) BCLR 1479 (CC) (10 October 2019) (Mogoeng CJ concurrance)

Independent Institute of Education (Pty) Limited v Kwazulu-Natal Law Society and Others [2019] ZACC 47 (11 December 2019) (Mogoeng CJ unanimous)

Tshabalala v S; Ntuli v S [2019] ZACC 48 (11 December 2019) (Mathopo AJ unanimous)

PRACTICE AREAS

  • Constitutional law
  • Administrative and regulatory law
  • Tax and exchange control (advisory and litigation)
  • Competition law
  • Contract Law
  • General Commercial litigation
  • Construction, mining and Environmental Law
  • Medical Negligence and Malpractice

QUALIFICATIONS

  • LL.B (UJ);
  • Part-time candidate LL.M (Commercial Law).

PROFESIONAL EXPERIENCE

  • Constitutional Court Law Researcher (Judge’s Associate) to the Hon. Chief Justice of the Republic of South Africa Mogoeng Mogoeng and Acting Justice R Mathopo;
  • Completed articles of clerkship at one of the big five law firms in Sandton;
  • Held various positions at the University of Johannesburg:
    • Law Tutor: Intro to Legal Studies and Law of Persons- Faculty of Law (2014 - 2015); 
    • Lecturer’s Assistant (Intro to Legal Studies; Labour Law and Law of Persons and Family) - Faculty of Law (2013);
    •  Co-ordinator Student Law Council – Faculty of Law (2014);
    • Co-Chairperson Student Disciplinary Hearings- Student Ethics and Judicial Services (2013-2015).

NOTABLE AWARDS AND CERTIFICATES

  • Pro Bono Award from the Law Society of the Northern Provinces (2018);
  • JBCC Construction Agreements Training (2018);
  • UJ Dean’s Certificate of Appreciation for coordinating and participating in the Law Student Council (2015);
  • UJ Dean’s Award and Recognition for Mr. Morgan’s contribution in founding the BLASC UJ and holding various positions within the Branch and National structures of BLASC (2013);
  • UJ Ethics Mentor and Ambassador (2013).

PUBLICATIONS/ ARTICTLES AUTHORED

Co-Authored published articles, Tax and Dispute Resolution Alerts on topical issues:

  • "Good news for employers: Increase in thresholds for exemption of employer provided bursaries” 22 July 2016 – Published on Tax Breaks;
  • "Don’t be taken by surprise: Exchange control rulings and manuals replaced" 02 September 2016;
  • "A step in the right direction: small business corporation's regime extended to personal liability companies”   14 October 2016- Published on Tax Breaks;
  • "The donations tax consequences of a transaction to introduce a BEE shareholder into a group”                     21 October 2016;
  • "Are we seeing more positive developments in the Venture Capital Companies regime?" 28 October 2016;
  • "Tax consequences of the part waiver of a loan and the reduction of the interest rate" 18 November 2016;
  • "A taxpayer's unfortunate experience with SARS" 18 November 2016;
  • "When is an error a bona fide inadvertent error?" 25 November 2016;
  • Corporate Investigations: “Internal fraud and corruption can cripple your business: limit your risk, play it safe!” 14 February 2018.