In a decisive move to address the overwhelming backlog in the Gauteng Division of the High Court, Judge President Dunstan Mlambo has issued a landmark directive introducing compulsory mediation for all civil trial matters. This new approach, effective from 22 April 2025, is aimed at restoring access to justice and reducing the extreme delays that have plagued the civil trial roll for years.
Why This Directive?
The Gauteng High Court is currently facing a severe crisis: civil trial dates are being scheduled as far ahead as 2031. This delay, according to Judge President Mlambo, is not only inefficient but unconstitutional, violating the right of access to justice as enshrined in Section 34 of the Constitution.
Statistics show that up to 85% of civil trials settle on the morning of trial—often after waiting 2–3 years for a court date. Many of these cases could have been resolved far earlier through mediation or other alternative dispute resolution methods. The backlog prevents urgent and deserving cases from being heard timeously and ties up valuable judicial resources.
What’s Changing?
The directive introduces the following key changes:
1. Mandatory Mediation Reports Required
No civil trial date will be granted unless a mediator’s report is submitted in accordance with the Court’s new Mediation Protocol.
2. Existing Trial Dates Withdrawn
All trial dates set for 1 January 2027 and beyond are withdrawn. Litigants must reapply with a compliant mediation report.
3. Transitional Arrangements (2025–2026)
- RAF cases in 2025: Trial dates remain if mediation reports are submitted 7 days before trial.
- RAF cases from 2026: All dates are withdrawn and must be reset with mediation compliance.
- Non-RAF cases in 2025: Trial dates remain.
- Non-RAF cases in 2026: Trial dates remain provisionally and will be struck off if no mediator’s report is received 30 court days before trial.
4. Fresh Enrolments Within 18 Months
All new trial enrolments must be completed within 18 months of a valid request, reducing delays significantly.
5. Settlement and Enforcement Mechanisms
- Settled cases may be enrolled on the settlement roll with just four weeks’ notice.
- Non-compliant or delaying parties may be compelled to mediate via special interlocutory court proceedings.
A Progressive Step Forward
This directive places the Gauteng Division at the forefront of judicial reform in South Africa, drawing on the success of mandatory mediation in labour law, the new Land Court Act, and international best practices. It reflects a clear shift in policy—away from overburdened trial rolls and towards smarter, faster, and fairer dispute resolution.
What About Property Appeal Board Reviews?
It’s important to note that the new mandatory mediation directive applies only to civil trials. Review applications, such as those challenging decisions from the Property Appeal Board (PAB), are generally dealt with as motion proceedings—determined on written submissions rather than oral evidence.
As such, PAB matters taken on review are not subject to the mediation requirement. However, the court may still encourage or direct mediation where appropriate, and broader efficiency reforms may affect how these matters are scheduled and managed.