KEY POINTS
- All civil trials in Gauteng will now go through mediation.
- New directive aims to alleviate the civil trial backlog in the Gauteng High Court.
- Legal experts express concerns about the costs and delays of mandatory mediation.
The Gauteng High Court is implementing a new directive to ease the civil trial backlog, requiring that all civil cases undergo mediation before being heard in court.
Judicial President Dunstan Mlambo introduced this directive which becomes active on April 14, 2025.
The court’s civil trial load has been growing for years, and it is currently the busiest division in the country.
These delays have become severe enough that some trial dates extend as far as 2031.
The lack of enough judges to handle the growing caseload has led to the decision to implement mediation as the first step before any civil trial proceeds.
In his directive, Mlambo expressed concerns about the current situation, emphasizing that civil trials should only be pursued through the courts when necessary.
“Many cases on the civil trial roll can be resolved through mediation, settlement, or other means of alternative dispute resolution,” Mlambo said.
He emphasized that many civil cases resolve as settlements during pretrial sessions thus avoiding the congestion of the judicial system.
New requirement for civil trial dates
Under the new directive, all requests for trial dates must now include a mediator’s report.
Any case that is unable to reach a resolution through mediation will then be considered for a court trial.
Furthermore, all trial dates for civil cases scheduled after January 1, 2027 have been canceled.
According to IOL, this aims to reduce the strain on the court system by prioritizing cases that cannot be resolved outside of the court.
However, the modification has sparked worries regarding its influence on court access.
Attorney Nicholas Halsey of SDJ Inc. pointed out that mediation has traditionally been voluntary. The requirement might add new expenses and procedures to the litigation process for those involved in it.
Halsey also expressed concerns that the directive might allow delinquent defendants to exploit the system. Proceedings may get disrupted while urgent plaintiff cases could be adversely affected by extended delays.
Despite these concerns, Judge Mlambo remains firm. He advocates for mediation because it will minimize court delays yet ensure prompt trials for cases needing judicial intervention.
Experts debate effectiveness of mediation requirement
While the new rule aims at reducing court delays, some legal experts worry that it may inadvertently slow down the process for individuals who genuinely need a court trial.
Mlambo reassured the legal community. He stated that the court’s goal is to improve judicial efficiency without sacrificing fairness.
