KEY POINTS
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Fathers 4 Justice supports mandatory mediation in family law disputes to curb lengthy litigation.
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The organization calls for the nationwide extension of mandatory mediation in family matters.
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Da Silva criticizes the legal industry for profiting from prolonged family litigation at the expense of families.
Fathers 4 Justice South Africa fully supports the directive from Gauteng Judge President Dunstan Mlambo for mandatory mediation in civil trial matters.
The organisation believes that mandatory mediation will curb the length of family disputes and promote fair resolutions.
Gary da Silva, the chairman of Fathers 4 Justice, praised Judge Mlambo’s directive, calling it constitutionally sound and morally necessary. He emphasised that endless litigation exploits families and burdens them with exorbitant legal fees, benefiting only lawyers.
Fathers 4 Justice calls for nationwide implementation of mediation
According to IOL, Da Silva urged the Law Reform Commission, Parliament, and the Executive to extend Judge Mlambo’s directive across South Africa. He argued that the divorce industry’s greed should not sacrifice the children and families of South Africa.
Since last week, the Johannesburg and Pretoria high courts no longer allocate trial dates without proof of prior mediation.
Litigants must first attempt to resolve issues through mediation before being allocated trial dates, aiming to alleviate a congested civil roll.
Legal challenge and ongoing debate on mediation’s implementation
Pretoria attorney Gert Nel, a leader in Road Accident Fund matters, is challenging the directive in the Constitutional Court. Nel argues that the directive is legally unsound, stressing concerns about judicial overreach rather than opposing mediation itself.
Da Silva criticised the legal fraternity for obstructing reforms and protecting financial interests, particularly those exploiting children and families.
He argued that the legal system keeps families locked in endless litigation for financial gain, leaving most defendants unable to afford prolonged cases.
