In Conversation With Surprise Vuma (SMV attorneys inc)

Loading player...
claimants against the Road Accident Fund (RAF), has filed a legal challenge against a recent directive enforcing mandatory mediation for civil trials in the Gauteng Division of the High Court.
The group is asking the court to declare the directive unconstitutional and invalid, and is seeking an interim order to prevent Judge President Dunstan Mlambo from continuing to implement the directive until the Constitutional Court rules on the matter.
In an affidavit submitted with the application, Advocate Justin Erasmus, PIPLA chairperson, argues that the new practice directive is unworkable. Under Judge Mlambo’s directive—introduced in mid-April 2024—no trial dates will be issued for civil cases unless the parties first undergo mediation. Only if mediation fails, and a certificate confirming such failure is provided, will the court consider scheduling a trial.
The directive aims to reduce the heavy backlog of cases in Gauteng’s overburdened courts. Judge Mlambo has stated that a large number of cases—particularly RAF-related claims—are often settled on the day of trial, contributing to inefficiencies in the court system. The Gauteng High Courts are currently understaffed, with no new judicial appointments made since 2009, despite a rising caseload.
However, the applicants argue that the directive unfairly penalizes litigants who have waited years for their court dates. They fear losing access to trial if they cannot complete or afford mediation. Erasmus emphasized the financial burden the process places on vulnerable individuals, noting that many claimants cannot afford the costs of compulsory mediation.
“This is a matter of public interest,” Erasmus said. “Poor and vulnerable people in Gauteng, who already face barriers to justice, will be severely prejudiced. Their constitutional right to access the courts will be violated.”
He also cautioned that the additional layer of mediation could lead to higher overall legal costs if mediation fails and the case must proceed to trial. “Litigation could become even more expensive than it is now,” Erasmus added.
PIPLA further argues that the idea of compulsory mediation is not consistent with established South African legal principles, where mediation is typically voluntary. Erasmus insists that while backlogs are a serious issue, under-resourcing of the judiciary should not come at the expense of litigants' rights.
In a related matter, a Durban woman who was left paraplegic and financially destitute after a car accident has filed a separate urgent application. She was injured six years ago and was finally allocated a court date in 2023, with her matter scheduled for hearing in August this year. Under the new directive, her case must now first go through arbitration.
She, too, raised concerns about affordability, stating that she relies on a social grant and may not be able to pay for mediation services.
Both cases highlight growing tensions between the drive for court efficiency and the need to ensure equitable access to justice—particularly for those who can least afford delays or additional costs.
4 Jun 2025 English South Africa Entertainment News · Music Interviews

Other recent episodes

IN CONVERSATION WITH KUHLE MASEKO,DA Tshwane spokesperson

The Tshwane mayoral candidate will attend the NAMPO Harvest Day 2026 on Wednesday, 13 May 2026, to engage with key stakeholders in South Africa’s agricultural sector. The visit aims to strengthen dialogue with farmers, agri-business leaders, agricultural organisations, and exhibitors on the future of the country’s agricultural economy. 11:35 The…
13 May 7 min

IN CONVERSATION WITH THEO NKONKI, COGTA SPOKESPERSON

The Inkatha Freedom Party is set to officially announce its mayoral candidate for the City of Johannesburg ahead of the 2026 Local Government Elections. The announcement will take place on Saturday, 16 May 2026, in Soweto. The party’s president, Velenkosini Hlabisa, is expected to unveil a candidate described as a…
13 May 9 min

IN CONVERSATION WITH PALESA DiKGETSI, COPE’s Acting National Chairperson

South Africa is facing a deepening socio-economic crisis marked by rising unemployment, poverty, and economic hardship affecting millions of citizens. While political attention has often been drawn to high-profile issues such as the Phala Phala matter, impeachment discussions, and the Madlanga Commission, many South Africans continue to grapple with more…
13 May 10 min

In Conversation With karabo Molekoa- Founder and CEO (TTE Administrators & Shafayetela Group)

South Africa continues to face major challenges around youth unemployment, economic exclusion, unequal development, and limited access to infrastructure and financial services — particularly in rural and township communities. Against this backdrop, young entrepreneurs and community-driven businesses are increasingly positioning themselves as part of the solution by creating local economic…
12 May 9 min

In Conversation With Dr Mboneni Moufhe Deputy director general

The Department of Science, Technology and Innovation is preparing to table its 2026/27 Budget Vote under the theme: “Placing Science, Technology and Innovation at the Centre of Government, Education, Industry and Society.” Led by Minister Blade Nzimande and Deputy Minister Nomalungelo Gina, the department says it intends to position science,…
12 May 12 min