Mandatory Mediation: some more developments

The Constitutional Court refused direct access and dismissed the application by Gert Nel Attorneys to challenge the Gauteng High Court’s mandatory mediation requirements. The court did not consider nor pronounce on the merits of the application. Gert Nel will continue its challenge the requirement in the High Court and the PIPLA challenge apparently remains pending.

A further application has been instituted by a road accident victim in the High Court challenging the validity and constitutionality of the Directive and Protocol. The plaintiff was involved in an accident 6 years ago and obtained a trial date in 2023 for August 2025. For final enrolment, she is required to undergo mediation of her claim and she is challenging the Directive on the basis that she is unable to fund the mediation as she is paralyzed and financially dependent on a social grant. This application will be considered in June 2025.

In the Revised Directive, published in June 2025, a list of Recognised Mediation Organisations (RMOs) as contemplated in the Protocol is provided. This list is neither exclusive or exhaustive and may be amended until such time that a Mediation Bill is enacted or a statutorily recognized accreditation of mediators is in force.

The Revised Directive also stipulates that the panel of judges contemplated as umpires includes Deputy Judge President Ledwaba, Judge Davis and J Lenyai in the Pretoria division, and Deputy Judge President Surtherland, Judge Mudau and Judge Adams in the Johannesburg division.

We will keep you updated on developments.

Please also read:

Article 1 - Mandatory mediation in the Gauteng High Court

Article 2 - Mandatory Mediation in the Gauteng High Court: Some Developments