On 22 April 2025, the Office of the Judge President introduced mandatory mediation in the Gauteng Division of the High Court. This Division incorporates the Johannesburg High Court, South Africa’s busiest commercial court.
The Directive is effective from 22 April 2025 and is aimed at addressing the increased caseload facing the High Court. Civil trial dates are being issued as far ahead as 2031, which is ultimately ineffective in achieving timeous access to justice. Therefore, to ensure access to justice, access to the Courts, and to reduce the caseload, mandatory mediation for civil cases has been put into effect.
Key takeaways from the directive:
- All trial dates for cases set down in 2025 shall remain intact;
- All matters with 2026 trial dates will provisionally remain on the roll subject to mediation 30 days before the trial date;
- Where mediation has taken place, a trial date request for a matter previously enrolled will be afforded preference in new trial date allocations;
- All trial dates set down after 1 January 2027 will be withdrawn; and
- No case shall be issued a trial date unless the request is accompanied by a mediation report.
