Johannesburg High Court's Struggle with Case Backlogs and the Rise of Alternative Dispute Resolution

The Johannesburg High Court, a critical cog in South Africa's judicial machinery, is currently facing an unprecedented backlog that has pushed hearing dates for commercial litigants to at least August 2025. Matters are so dire that some cases involving the Road Accident Fund (RAF) are not expected to be heard before April 2029. This underscores a growing crisis in the country's busiest court and raises pertinent questions about access to timely justice.

Given the standard set in the 2014 Norms and Standards for the Performance of Judicial Functions is a civil trial lead time of less than 12 months, the dire situation in Johannesburg reveals a significant deviation from this expectation. To achieve this standard, approximately 20 judges would need to be dedicated to civil trials each week, a figure starkly contrasted by the current two to six judges the Court manages to allocate.

Case clearance rate, the ratio of resolved cases to incoming ones, is a key performance metric for courts. Johannesburg High Court's low clearance rate is a clear warning sign, indicating that the institution is struggling to keep up with the demands for judicial service. The rising duration of cases and the decline in the overall quality of justice delivery are secondary, yet substantial concerns.

The potential solutions to the backlog crisis include amending court procedures for greater efficiency, relieving judges from non-judicial duties, and redistributing the workload to less strained divisions or transferring cases altogether. However, these would require both time and resources, thus failing to provide immediate relief.

In light of these challenges, alternative dispute resolution (ADR) is being recognized as a more expedient and less costly approach for settling disputes. Deputy Judge President Sutherland advocates for its broader adoption to complement the traditional court proceedings. ADR has significant potential to alleviate the judicial load by resolving issues prior to their court entry, thereby streamlining the entire process.

ADR's rise is supported by leading law firms, such as Webber Wentzel, known for their expertise in this domain. As a founding member of the Arbitration Foundation of South Africa, Webber Wentzel not only has extensive experience but also actively champions mediation and arbitration. The firm’s Dispute Resolution team is well-equipped to bring ADR to the forefront as a practical solution and support clients in efficiently navigating through the currently inundated justice system.

The backlog in Johannesburg High Court reflects a system under strain and highlights the urgent need for change. As such, ADR presents itself as an indispensable tool in the fight to restore efficiency and timeliness in South Africa's justice system.