Key Points
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Gauteng High Court now mandates mediation before civil trials.
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Mediation aims to address the court’s backlog of cases.
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Most cases on the trial roll do not require judicial intervention.
Gauteng High Court will now require mediation before scheduling civil trials. Judge President Dunstan Mlambo announced the directive, which came into effect this week.
The ruling aims to alleviate the division’s substantial backlog of civil cases. The decision follows consultations with law bodies and mediation organizations.
Judge Mlambo emphasized the necessity of resolving disputes through mediation. He explained that mediation could expedite the process, reducing delays caused by trial backlogs.
According to the Office of the Chief Justice (OCJ), trial dates in Gauteng’s Civil Trial roll extend as far as 2031, a situation the court deems unacceptable.
Addressing long delays and the demand for trial dates
The OCJ revealed that the majority of cases on the Gauteng trial roll do not require judicial intervention.
In fact, fewer than 10% of cases involve issues that need to be adjudicated by a judge. The OCJ analyzed a sample of 59 cases from the Johannesburg High Court, of which only two presented triable issues. In Pretoria, out of 339 cases, only 11 required a judge’s intervention.
The OCJ stated that most matters are settled or resolved through draft orders, and thus, the courts are burdened with cases that have no triable issues.
The new mediation requirement intends to reduce unnecessary trial proceedings, ensuring that only cases with legitimate legal disputes take up the court’s resources.
The impact of mediation on judicial efficiency
The decision to require mediation is a significant step in improving the efficiency of the Gauteng High Court.
Judge Mlambo acknowledged that while increasing judicial capacity would help, resolving non-viable cases through mediation was the most effective solution.
The OCJ believes that compulsory mediation will expedite litigation and help the court serve the public better.
