The Association for the Protection of Road Accident Victims (APRAV) has issued a stark warning to Parliament and the South African public: the civil justice system in Gauteng is on the brink of collapse—and the High Court’s Mandatory Mediation Directive is at the heart of the crisis.

“This is no longer just a matter for road accident victims,” says APRAV Deputy Chairperson, Ngoako Mohlaloga. “It now affects every South African whose right to fair, timely access to court is being quietly taken away.”

A directive that derailed justice

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.

A system unravelling

APRAV has 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 describe:

• Arbitrary new rules 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 5–15 years for civil matters, even after full compliance.
• Inconsistent judicial interpretation that contradicts the Directive itself.
• Cases 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,” adds Mohlaloga.

From civil justice to civil shutdown

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.

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 8–12 years from incident to payout—if it is paid at all.

The RAF’s tactical advantage

The Road Accident Fund is exploiting the broken system. Thousands of valid claims are now being 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,” says Mohlaloga. “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.”

Is anyone watching the watchmen?

Multiple urgent court applications have been launched to challenge the Directive on constitutional grounds—including violations of access to justice, separation of powers, and Rule 41A. All have been dismissed or referred back to the same court that issued the Directive.

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

“We must ask: who is guarding the guardians?”

A call to action: Parliament must step in

APRAV calls on:

• Parliament to urgently review the legality and operational consequences of the directive.
• The Rules Board to investigate the contradiction with existing Uniform Court Rules.
• The Legal Practice Council to protect attorneys who speak out and to push for procedural transparency.
• 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,” concludes Mohlaloga.

Join the movement: tell us your story

APRAV is inviting attorneys, victims, and affected parties to submit their experiences anonymously. A secure, private platform will be launched to capture these stories—so the system can no longer pretend they don’t exist.

To contribute, email: [email protected]

“Justice cannot be delayed for decades—or delivered only to the well-connected. The time to act is now.”