The Gauteng Division of the High Court has introduced a directive aimed at addressing the overwhelming case load which has recently seen trial dates being allocated for as far away as 2031.

Effective from 22 April 2025, the directive mandates mediation for all civil actions.

The directive withdraws all trial dates for civil cases set down after 1 January 2027, and no new enrolments will be made unless the trial date application includes a mediation report from an accredited mediator, or a judicial case manager for commercial court matters. All new enrolments will be made within 18 months of a compliant request. Matters which had their trial dates withdrawn due to the directive will be re-enrolled in preference to other matters.

Different transitional arrangements apply to matters set down for trial until the end of 2026, depending on whether the cases are against the Road Accident Fund or not.

For cases other than RAF cases:

  • Enrolments in 2025 are unaffected by the directive.
  • Enrolments in 2026 remain on the roll provisionally and will only be heard if a mediator’s report is sent to the court 30 court days before the trial date.

For cases against the RAF:

  • Enrolments in term 2 of 2025 are unaffected by the directive.
  • Enrolments in terms 3 and 4 of 2025 remain on the roll provisionally and will only be heard if a mediator’s report is sent to the court seven court days before the trial date.
  • Enrolments in 2026 are withdrawn. Trial dates must be applied for afresh, accompanied by a mediator’s report.

Earlier this month, the Gauteng Legal Practice Council expressed numerous concerns regarding the draft directive that preceded the issued directive. They include that the directive seeks to amend or create substantive law, which is beyond the scope of merely managing judicial functions within the Gauteng Division, and that the directive may exacerbate rather than solve the obstacles to access to justice by creating an additional hurdle to obtaining a trial date and ultimately increasing the costs of dispute resolution. There is also concern about a lack of available mediators to sustain the directive. The directive has since been challenged by a Pretoria law firm, and the situation will be closely monitored in the coming months.

The directive can be accessed here.