CAPE TOWN - Gauteng division of High Court has shortage of judges to handle the overwhelming number of civil cases.
As a result, this is leading to massive delays to cases with the earliest available court dates now pushed as far as 2031.
This backlog has raised serious concerns about access to justice.
To address the crisis, Gauteng Judge President Dunstan Mlambo has proposed a mediation process before civil cases proceed to trial.
According to the Southern African Legal Information Institute (SAFLI) mediation is the process whereby a third party, namely a mediator, assists the parties in identifying issues, clarifying priorities, exploring areas of compromise and generating options in an attempt to resolve the dispute.
The main objective of this mediation process is to resolve disputes more efficiently.
Mbekezeli Benjamin of Judges Matter notes the need for mediation given the dire state of courts in Gauteng.
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According to Benjamin, the last time judges were appointed in the province was 17 years ago.
He says this is dire given the rising population in the province.
"A consecutive estimate is that we need at least 20 more judges in Gauteng alone to carry the burden that is in courts," he says.
Benjamin says the initiative will assist in alleviating the load.
"The proposal for mediation before trial will try to weed out some of those cases that would have been resolved through mediation and a settlement versus going through trial," he says.
While the proposal is effective some lawyers fear that forcing mediation could infringe on their client's rights to.
Benjamin said lawyers' concerns are valid but hopes the process will be carried out with efficiency.