Johannesburg – The Gauteng Division of the High Court has circulated a draft directive on the “implementation of obligatory mediation” for the input of law bodies, practitioners, and litigants in general.
The Office of the Chief Justice (OCJ) on Tuesday, (25 March 2025), said the directive was circulated for comment and suggestions on 20 March 2025.
“The Directive is aimed at alleviating the backlogs and constraints that currently plague the Division’s Civil Court roll, which at present has trial dates issued as far ahead as 2031,” explained the OCJ.
Simply put – a complainant will have to wait six years before their matter can be heard in court.
“This situation is untenable and infringes on the right to access to courts as guaranteed by section 34 of the Constitution,” the OCJ said.
“The effect of the presence of these matters on the trial roll prejudices matters that genuinely deserve judicial attention by means of a trial.
“‘Expedited litigation is in the best interest of the litigants involved, hence mediation has been selected as the option to fulfil this objective.”
In an attempt to deal with the case backlog, the OCJ said the Division has, in consultation with stakeholders, made efforts to find solutions to mitigate these challenges.
“One of these solutions has culminated in the development of the draft Directive on Mandatory Mediation,” the OCJ said.
“The option of the mandatory mediation is informed by the fact that more than 85% of trial matters that have waited years to be on the trial roll always settle upon the arrival of the trial date.
“This clearly demonstrates that the majority of matters that are congesting the trial roll should have been resolved a long time ago.”
The OCJ said it noted several reports purporting that the draft Directive is final and being implemented.
“It should be noted that the document being circulated is undated, and, as stipulated, only a draft for comment,” the OCJ said.
“As contemplated in section 173 of the Constitution, the Judge President shall exercise policy oversight over the manner in which matters are brought before the Division for hearing.
“This empowers the Judge President to put in place measures that will promote the efficient administration of justice in the Division.
“It should be noted that the draft Directive is aimed at the Civil Court roll.”
The OCJ said, further to this, all efforts have been made to ensure that the draft Directive does not detract from or impede any established rules of the court.
The deadline for submission is 3 April 2025. Submissions should be sent to jp.gauteng@judiciary.org.za.
