A SENIOR judge has complained bitterly about continuing unresolved delays in finalising cases in the South Gauteng High Court in Johannesburg.
South Gauteng High Court Deputy Judge President Roland Sutherland said in the latest bulletin that lead times for cases are a crisis of unacceptably long lead times and that this continues to be exacerbated.
”One concrete idea is that volume of litigious matters could be reduced, if diverted from the state court system where appropriate. The utilisation of mediation is still, where it is suitable, insufficiently employed,” he explained.
Judge Sutherland continued: “One reason is that too many litigation attorneys are not confident to use this means to settle disputes. An earnest effort to develop a pool of credible expertise readily available is urgently needed. Steps are in progress to achieve this pool of expertise and I urge the profession to embrace these developments”.
According to the judge, another innovation would be to expand the market for arbitrations beyond the commercial sector and for legislative action be taken to facilitate the exploitation of the private sector resources to supply what, at present, the state cannot supply.
He added that during the recess engagements took place involving the bench and the legal profession but no new ideas that could have an immediate effect were ventilated and proposals which might have longer term positive impact were advanced.
In addition, Judge Sutherland further indicated that there was also an engagement with the management of the Road Accident Fund (RAF).
”Regrettably, the RAF was not able to state unequivocally that every summons served on it is now being addressed and responded to; when that is the essential condition that will signal an end to the deluge of default judgments.
The response to service of summons’ has apparently improved, but given the dynamics inherent in the process, that improvement shall not be visible for at least another two years,” he explained.
Judge Sutherland said the significant reduction in RAF default judgments cases from 200 per week to 50 per week has had the direct result of pushing the lead time out for a considerable period.
”To alleviate that outcome, a special RAF default judgments roll in each of the two weeks of the September/October recess has been organised. 500 plus cases shall be enrolled and heard by 10 pro bono acting judges in each week. This shall truncate the galloping lead time,” he said.
Judge Sutherland thanked all of legal practitioners who have agreed to serve in that recess.
”If this model works and is supported by members of the profession volunteering to serve pro bono, it shall be repeated in the last week of the 4th term and the first week of the December recess,” he explained.
Additionally, Judge Sutherland said the general civil trial roll for RAF cases has reached a staggering four years and nine months lead time.
”I regret that I have no immediate concrete solution to offer. The only way forward, in the absence of intervention by the executive government giving genuine and concrete attention to the problem, is to appeal to the generosity of the legal profession to serve pro bono to shore up the apparatus of the legal system,” he pleaded.
The Office of the Chief Justice has indicated among the reasons for criminal case backlogs in all high court divisions were delays due to joint trials, outstanding warrants of arrest, lengthy trials (multiple charges and multiple accused), postponement of sentencing (postpone sentence section Criminal Procedure Act), change of legal representation by accused and “double booking” by legal representatives.