Civil Law Update Seminar 2026 - Key Developments Affecting Civil Litigation In Gauteng

Discussions at the Civil Law Update Seminar held on 22 May 2026, hosted by the Pretoria Attorneys Association, provided important insight into the continued implementation of the Gauteng Division’s mandatory mediation framework and court operations affecting civil litigation in the division.

The mediation directive has significantly reduced congestion on the civil trial roll and shortened trial lead times. However, much of the pressure now appears to have shifted to the Special Interlocutory Court (“SIC”), where approximately 16,000 matters are reportedly pending. In Pretoria alone, hundreds of compel applications and default judgment matters are being dealt with each week.

A number of the implementation challenges expand on themes previously discussed in an earlier article titled Compulsory Mediation in the Gauteng Division: A 10-Month Implementation Review. That article is available at Compulsory Mediation in the Gauteng Division: A 10-Month Implementation Review - Adams & Adams.

Mandatory mediation and the changing civil trial roll

• The directive was introduced in response to unsustainable congestion on the civil trial roll, particularly in Road Accident Fund litigation. The bulk of the trial roll historically consisted of RAF matters, many of which proceeded without opposition or triable disputes requiring judicial adjudication.
• The directive has significantly reduced the number of matters unnecessarily occupying the civil trial roll. Trial lead times have reportedly reduced to 1 - 2 court terms, which is approximately six months.

The impact on jurisprudence

• Mandatory mediation and alternative dispute resolution mechanisms may also have a broader impact on the development of jurisprudence. The increasing resolution of matters outside the courtroom may result in fewer reported judgments and, consequently, slower development of jurisprudence.
• This concern is particularly relevant within the Gauteng Division, given its role as the administrative seat of government and the significant volume of constitutional, procurement, administrative and public law matters dealt with by the division.

Special Interlocutory Court applications and default judgment rolls

• A substantial number of amplified Rule 41A notices remain unanswered, which has resulted in a significant increase in applications brought before the SIC to compel compliance with the mediation process.
• The SIC is currently dealing with hundreds of compel applications each week in Pretoria alone.
• Acting judges have been deployed to assist with the backlog, with the aim of substantially reducing pending matters.

Abuse of process and practical challenges

• There is a growing concern around abuse of process, where procedural mechanisms are used tactically rather than for their intended purpose.
• One concern raised was parties attending mediation merely as a procedural “tick-box” exercise, without any genuine intention to engage meaningfully in settlement discussions.
• Concerns were also raised regarding unopposed applications to transfer matters in attempts to avoid mediation requirements, as well as the broader practical pressures created by the sheer volume of matters currently passing through the mediation and SIC processes.

Practical takeaways for practitioners

• Successful mediation requires participation by parties and legal representatives alike. Mediation is most effective where parties are willing to engage constructively, assess litigation risk realistically and negotiate in good faith.
• Certain categories of disputes may be better suited to mediation than others. Personal injury matters and commercial disputes were identified as particularly suitable for mediation processes, whereas matters involving complex legal interpretation or multiple legal issues may still require judicial consideration and determination.
• Manage matters around current constraints in the Gauteng Division, including delays, mediation compliance requirements, and the growing volume of SIC applications.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.