Gauteng High Court's mediation directive faces legal action from accident victim

WHILE the Constitutional Court has declined leave to a law firm to directly approach the apex court in an urgent bid to overturn a directive introducing mandatory mediation in the Gauteng Division of the High Court, a vehicle accident victim who is also objecting to the directives will take her plight to court.

- ZELDA VENTER

The Durban-based woman, who was left a paraplegic following the accident, will turn to the Gauteng High Court, Pretoria, later in June to ultimately have the directives issued by the head of the court overturned.

She said her accident occurred six years ago and she eventually obtained a court date issued in 2023 for her hearing. Her matter is scheduled to be heard in August this year, but her case is now first subject to arbitration in terms of the directive.

This follows a directive issued by Judge President Dunstan Mlambo earlier this year that the Johannesburg and Pretoria high courts no longer allocate trial dates for civil cases (cases where evidence is being led, such as damages claims).

Litigants, who in these cases want a judge to determine their issues, must first prove that they have tried to resolve their issues via mediation.