Gauteng’s civil justice system is broken

The Association for the Protection of Road Accident Victims (APRAV) warned that Gauteng’s civil justice system is nearing collapse due to the High Court’s Mandatory Mediation Directive.

The organisation claimed this directive has caused severe delays of over 10 years, procedural inequality, and exploitation.

The directive, issued in April 2025 by the Judge President of the Gauteng Division, mandates that almost all civil matters, including Road Accident Fund (RAF) claims, undergo court-annexed mediation before proceeding to trial.

In theory, the aim was to clear an unmanageable trial backlog. In practice, it has created a procedural labyrinth that is shutting people out of court completely.

APRAV Deputy Chairperson Ngoako Mohlaloga explained that this problem is no longer just a matter for road accident victims.

“It now affects every South African whose right to fair, timely access to court is being quietly taken away,” Mohlaloga said.

APRAV reviewed reports from dozens of legal practitioners, all of whom have asked to remain anonymous due to real fears of victimisation and case sabotage. These practitioners described the following issues with the directive:

• Arbitrary new rules are issued verbally by registrars with no formal publication
• Unequal treatment where one firm is allowed to book a matter, and another is turned away for the same request
• Delays of 5 to 15 years for civil matters, even after full compliance
• Inconsistent judicial interpretation that contradicts the directive itself
• Cases are being removed from the trial roll despite full procedural compliance

“Attorneys are afraid to speak publicly. That alone should raise alarms. In a democracy, our courts should be guardians of transparency, not places where silence is a survival strategy,” Mohlaloga added.

The directive has led to what APRAV calls “roll-shifting without resolution.” Matters are being moved off the trial roll, not because they’ve been resolved, but to manufacture the appearance of efficiency.

Instead of being heard in court, cases are bounced between internal registrars, assigned to overburdened Special Interlocutory Courts, or pushed onto the Default Judgment roll, now backlogged to 2032.

RAF victims face decade-long delays and non-payment

In RAF matters, where urgent relief is often needed for disabled or injured victims, the result is devastating. According to APRAV’s calculations, a new RAF claim today could take 8 to 12 years from the incident to pay out if it is paid at all.

The association warned that the RAF is exploiting the broken system. Thousands of valid claims are now rejected based on an unlawful board notice. The RAF simply refuses to mediate, defeating the entire purpose of the directive.

“The directive has handed the RAF the perfect opt-out,” Mohlaloga said. “The RAF only settles matters once trial dates are allocated.”

“By stripping trial dates under the mediation directive, the court has made it even easier for the RAF to delay, deny, and deflect.”

Multiple urgent court applications have been launched to challenge the directive on constitutional grounds.

This includes violations of access to justice, separation of powers, and Rule 41A. All have been dismissed or referred to the same court that issued the directive.

“When accountability mechanisms point back at themselves, the system becomes self-protecting,” Mohlaloga said. “That’s not how constitutional democracy works.”

APRAV called on Parliament to urgently review the legality and operational consequences of the directive.

It also urged the Rules Board to investigate the contradiction with existing Uniform Court Rules, and the Legal Practice Council to protect attorneys who speak out and to push for procedural transparency.

Finally, APRAV called on the Minister of Justice to initiate an independent audit of registrar practices in the Gauteng Division.

“This Directive has overridden national legislation, hijacked the civil roll, and created procedural inequality. If Parliament does not act, civil justice in Gauteng will become a privilege, not a right,” the organisation said.

APRAV invited attorneys, victims, and affected parties to submit their experiences anonymously. “Justice cannot be delayed for decades – or delivered only to the well-connected. The time to act is now.”