The Gauteng Division of the High Court is seeking to alleviate escalating trial backlogs by proposing a draft directive for the implementation of mandatory mediation in civil matters.
This initiative, which was circulated for public input on 20 March 2025, aims to address the congestion on the court’s trial roll, where dates for hearings are pushed as far ahead as 2031. The Gauteng Division of the High Court sits in Pretoria and Johannesburg and is under the leadership of Judge President Dunstan Mlambo.
At the heart of this initiative lies a commitment to uphold the constitutional right to access courts as enshrined in section 34 of the South African Constitution. The overwhelming backlog not only delays justice for many but also impedes the judicial system's ability to give fair attention to cases that genuinely merit trial consideration. With mediation positioned as a viable solution, the directive invites feedback from law bodies, practitioners, and the general public, all of whom are encouraged to send their comments by 3 April 2025 to jp.gauteng@judiciary.org.za.
As outlined in section 173 of the Constitution, the Judge President wields significant authority to ensure that case administration promotes the efficient delivery of justice. This directive seeks to reflect that ethos, showcasing how procedural reforms can address systemic issues within the judiciary while maintaining adherence to due process.
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