Latest news with #DunstanMlambo
IOL News
2 days ago
- Politics
- IOL News
Gauteng High Court's mediation directive faces legal action from accident victim
A car accident victim is challenging a directive by the Gauteng high court which makes mediation mandatory before civil trials are heard. She demands her day in court and says she cannot afford mediation. Image: Jacques Naude / Independent Newspapers 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. The Durban-based woman, who is 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. A trial date will be allocated only if mediation does not resolve the issues, and they can prove via a certificate that they did try it. The Office of the Chief Justice earlier explained that there are no alternatives as the Gauteng Divisions simply cannot cope with the heavy workload. Judge Mlambo also commented in his directive that the bulk of these cases are, in any event, settled on the day of the trial. Thus, the mediation route is the practical solution so that judges can be freed to adjudicate over other matters. The woman will meanwhile bring her application in two parts - the first is that she and others may retain the court dates they have secured before the new directive came into force in April. The second part in which she is contesting the legality of the directive, will be heard at a later stage. The accident victim in this new legal challenge explained that it is expected of her (and others) to first pay the mediation fees before a mediator can adjudicate her case. She explained that before the accident she was a hairdresser. As she is now wheelchair-bound, her only income is a social grant. She is also HIV-positive and struggles with health issues. She said in an affidavit that this application is to ensure that she has her day in court. The applicant stated that the directive differentiates between plaintiff litigants and the RAF regarding the amount payable for mediation and when it's payable. The RAF, she claims, is only liable for R15,000 per mediation, which only becomes payable 30 days after the receipt of the mediation report. A plaintiff, on the other hand, must pay the balance of the mediation fee upfront. 'If a plaintiff litigant does not pay, no mediation can be conducted and no trial date can be obtained,' she stated. According to the plaintiff, she cannot pay for mediation and this will result in her being denied justice. She also questioned the constitutional validity of the directive. Gert Nel Inc Attorneys, through its director Gert Nel, in his now failed bid to the ConCourt, questioned whether this move for mandatory mediation is constitutionally sound. In an affidavit accompanying his urgent application, Nel said there are constitutional limits on judicial power.
Eyewitness News
5 days ago
- Politics
- Eyewitness News
ConCourt throws out NPO's application to have Mlambo's directive declared unconstitutional
JOHANNESBURG - The Constitutional Court has thrown out an application by the Personal Injury Plaintiff Lawyers Association (PIPLA) to have a directive by the Gauteng Judge President Dunstan Mlambo, declared unconstitutional. Earlier this year, Mlambo introduced the alternative dispute resolution mechanism for all civil trials in an attempt to ease the caseload in the division. The move was met with legal challenges as PIPLA headed to the Constitutional Court, asking for direct access and to have Mlambo's directive invalidated. Section 167 subsection 6(a) of the Constitution allows persons, when it is in the interests of justice and with leave of the Constitutional Court, to bring a matter directly to the apex court, making it a court of first and last instance. In papers, PIPLA argued that granting it direct access was in the interests of justice to ensure that parties' rights to access the courts are safeguarded as enshrined in Section 34 of the Constitution. The association submitted that the directive, which made mediation compulsory in civil trials, leaves those who cannot afford the alternative dispute resolution mechanism stripped of the fundamental right. However, in a short order, the Constitutional Court said it had considered the application and concluded that no case had been made out for direct access and refused its application.
Eyewitness News
20-05-2025
- Politics
- Eyewitness News
NPO challenges constitutionality of directive making mediation compulsory
JOHANNESBURG - A non-profit organisation (NPO) challenging the constitutionality of a directive making mediation compulsory says there is no capacity for the exercise. Gauteng Judge President, Dunstan Mlambo, introduced the practice in April in an attempt to reduce the backlog in cases in the division. The Personal Injury Plaintiff Lawyers Association (PIPLA) says there are between 250 to 300 road accident fund matters on the court roll per week in the Gauteng division. It argues that there aren't enough mediators to handle such a caseload and wants the Constitutional Court to declare the directive unconstitutional. The association is sceptical that mediators would have the resources to cope with a growing caseload that the high court, with settled systems and judicial officers, has continuously struggled to keep up with. The protocol provides that as a minimum requirement for approval as a mediator, one must have had at least five previous matters in which they have acted as a lead mediator. This, PIPLA argues, further limits the pool of existing mediators, while the requirement that a claims manager from the road accident fund also be present during the process is a factor that further acts against the directive, as there aren't enough officers to participate in such a process. The organisation asks the Constitutional Court to declare the directive invalid to the extent of its inconsistency with the Constitution and, if necessary, review the directive and set it aside under the Promotion of Administrative Justice Act. VOLUNTARY MEDIATION The Gauteng High Court handles about 50% of the cases litigated in the country, while the number of judges in the division has not increased since 2008. Section 173 of the Constitution stipulates that the Constitutional Court, the Supreme Court of Appeal and the high courts each have the power to protect and regulate their processes and to develop the common law, taking into account the interests of justice. But PIPLA argues that it is impermissible to use this provision to compel parties to participate in compulsory mediation. It adds that courts can only encourage and facilitate mediation, but not direct parties to participate in what should be a voluntary process. The organisation says compelling parties to engage in such an exercise would achieve nothing but to add to the costs borne by the parties and damage the perceived effectiveness of the alternative dispute resolution process. In its request for a declaration of constitutional invalidity, the organisation says the directive constitutes an unacceptable and unjustifiable limitation of litigants' rights to access the courts.
IOL News
28-04-2025
- Politics
- IOL News
Ramaphosa begins vital consultations for the next deputy chief justice
Judge President Dunstan Mlambo is one of four judges who are in the running to become the country's next deputy chief justice. Image: Independent Newspapers In heed to calls from the legal fraternity to appoint the next deputy chief justice, President Cyril Ramaphosa has initiated consultation with the Judicial Service Commission (JSC) and leaders of political parties represented in the National Assembly on this crucial appointment. The Constitution provides that the president, as head of the National Executive, after consulting the JSC and the leaders of parties represented in the National Assembly, appoints the chief justice (CJ) and the deputy chief justice (DCJ). The position of deputy chief justice has been vacant since September 1, last year, when the then-Deputy Chief Justice Mandisa Maya rose to the position of chief justice. Ramaphosa's spokesperson, Vincent Magwenya, said in a statement that the president has, in a written submission to Chief Justice Maya, who chairs the JSC, invited the commission for its views on the suitability of four candidates who are being considered for appointment by the President. The four candidates are judges Dunstan Mlambo, Mahube Molemela, Cagney John Musi, and Lazarus Pule Tlaletsi. President Ramaphosa underscores in his letter to Maya that the deputy chief justice plays a crucial role in the leadership of the judiciary and in upholding the principles of justice, constitutional democracy, and the rule of law. The president has advised Chief Justice Maya that, as directed by the Constitution, he has also initiated consultation on this appointment with the leaders of parties in the National Assembly. Justice Mbuyiseli Madlanga has been acting as DCJ of the apex court for the past seven months, but his non-renewable 12-year term on the Constitutional Court ends in July. Online group Judges Matter, which advocates for transparency and accountability within the judiciary, earlier said it was time for a permanent deputy. It said that since the appointment of Justice Maya, the president has been silent on who her deputy will be. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕
IOL News
28-04-2025
- Politics
- IOL News
Ramaphosa initiates crucial consultations for deputy chief justice appointment
Judge President Dunstan Mlambo is one of four judges who are in the running to become the country's next deputy chief justice. Image: Independent Newspapers In heed to calls from the legal fraternity to appoint the next deputy chief justice, President Cyril Ramaphosa has initiated consultation with the Judicial Service Commission (JSC) and leaders of political parties represented in the National Assembly on this crucial appointment. The Constitution provides that the president, as head of the National Executive, after consulting the JSC and the leaders of parties represented in the National Assembly, appoints the chief justice (CJ) and the deputy chief justice (DCJ). The position of deputy chief justice has been vacant since September 1, last year, when the then-Deputy Chief Justice Mandisa Maya rose to the position of chief justice. Ramaphosa's spokesperson, Vincent Magwenya, said in a statement that the president has, in a written submission to Chief Justice Maya, who chairs the JSC, invited the commission for its views on the suitability of four candidates who are being considered for appointment by the President. The four candidates are judges Dunstan Mlambo, Mahube Molemela, Cagney John Musi, and Lazarus Pule Tlaletsi. President Ramaphosa underscores in his letter to Maya that the deputy chief justice plays a crucial role in the leadership of the judiciary and in upholding the principles of justice, constitutional democracy, and the rule of law. The president has advised Chief Justice Maya that, as directed by the Constitution, he has also initiated consultation on this appointment with the leaders of parties in the National Assembly. Justice Mbuyiseli Madlanga has been acting as DCJ of the apex court for the past seven months, but his non-renewable 12-year term on the Constitutional Court ends in July. Online group Judges Matter, which advocates for transparency and accountability within the judiciary, earlier said it was time for a permanent deputy. It said that since the appointment of Justice Maya, the president has been silent on who her deputy will be. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕
