Gauteng Judge President Dustan Mlambo has issued a directive that all civil matters with no triable issues should be referred to a mandatory mediation process, after consulting with medico-legal experts, legal bodies and legal practitioners.
The Sowetan reports that the directive, effective immediately, will affect civil matters in Pretoria and Johannesburg High Court divisions where challenges have plagued the civil trial roll for years.
Mlambo had circulated a draft directive for inputs and comments from medico-legal experts, legal bodies and legal practitioners – particularly those specialising in personal injury claims like the Road Accident Fund and Department of Health litigation – which received mixed response.
Mlambo said they included objections to and support for the draft directive, as well as input that sought to add technical variations.
“Legal practitioners, who predominantly act for plaintiffs, objected, especially to losing trial dates as prescribed in the draft directive. Of note, however, was the apparent lack of understanding of mandatory mediation by some practitioners who referred to the requirement as … a ‘hurdle’ in the dispute resolution process.
“There were also suggestions by some practitioners that case management by way of mandatory mediation exceeded the powers afforded to the judiciary,” he added.
However, he argued, the overarching rationale for the directive was to provide an effective and expeditious litigation platform that guarantees access to justice service. To demonstrate this, Mlambo said as of February this year, the division's civil trial roll has trial dates issued as far ahead as 2031.
“This situation is clearly untenable and infringes on the right of access to courts.”
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