NPO takes new mediation rule to Constitutional Court

JOHANNESBURG - A Non-Profit Organisation is heading to the Constitutional Court to challenge a decision to have civil matters resolved out of court. 

The Personal Injury Plaintiff Lawyers Association (PIPLA) seeks direct access to the apex court in a bid to have it declared unconstitutional. 

Last month, Gauteng Judge President, Dustan Mlambo, issued a directive making mediation compulsory for all civil trials. 

This means parties must produce a mediation certificate to show the court that they’ve tried the alternative dispute resolution mechanism before approaching the court. 

Mlambo's directive for compulsory mediation is meant to alleviate the backlog in the division, which stretched as far as 2031.  

READ: Judges Matter welcomes draft directive urging parties in civil trial matters to pursue mediation before resorting to litigation

The head of the court says 85 percent of civil trials are settled on the morning of the trial date while they take up a sizeable portion of the roll, forcing other matters to wait for extremely long periods for a hearing.

But less than a month since its implementation, the decision is facing a constitutional challenge, threatening its survival. 

PIPLA argues that the logical conclusion is to enrol more matters on the civil roll due to the knowledge that many settle on the morning of the trial. 

It seeks the apex court to declare Mlambo's move unconstitutional.