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Directive by Judge President to strike Unmediated Cases from High Court roll (Rule 41A compliance)

On the 20th of July 2021, Judge President Makgoba issued a directive on the implementation of Rule 41A which compels legal practitioners to attempt mediation bringing an action or motion before the Court.


The directive was issued more than a year after the implementation of Rule 41A of the Uniform Rules of Court and leaves legal practitioners with just over a month to ensure that they are in compliance with the said rule. Courts have been reaping the benefits of mediated settlements and the latest directive is a continuation on the path to clear congested court roles and backlogs.


We expect a marked uptick in mediated settlements, given that from 1 September 2021 no High Court will hear a case where mediation has not been attempted in line with the provisions of Rule 41A. Courts will instead strike such matters from the roll.


Given acting judge Brassey's ruling in Brownlee v Brownlee [video] [original judgment], penalties on non-compliant legal practitioners become a very real possibility.


Please view the directive by Judge President Makgoba on the image below (click to zoom in):


Directive by Judge President Makgoba on Rule 41A of the Uniform Rules of Court
Directive by Judge President Makgoba on Rule 41A of the Uniform Rules of Court

 

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Rule 41A: Formalising the Role of Mediation in High Court

(click here to view the original article, including the gazette)

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