From 22 April 2025, a major procedural shift has taken place in the Gauteng Division of the High Court: mediation is now mandatory in all civil trial matters before a trial date will be granted. The change, directed by Honourable Justice Mlambo, aims to address the staggering backlog in trial dates currently extending as far out as 2031.

The heart of this development lies in the right of access to justice. With waiting periods reaching six years or more, litigants are being denied meaningful access to courts, contrary to Section 34 of the Constitution. Court-annexed mediation is seen as a necessary step to resolve disputes faster, more affordably and with greater efficiency. 

Here’s what it means in practice:

For any civil matter where a trial date is being sought, parties must first attempt mediation. A qualified mediator must be appointed and must submit a report to the Registrar. Only once this report confirms that mediation has failed, can a trial date be issued.

Special transitional provisions apply to Road Accident Fund (RAF) matters:

• Trial dates for RAF matters up to 22 June 2025 remain unaffected.
• Cases set down between 22 June and 31 December 2025 may proceed but a mediator’s report must be filed 7 court days before the hearing.
• All trial dates for RAF matters from 1 January 2026 onwards have been withdrawn. New trial dates must be applied for following mediation.

Non-RAF civil matters scheduled in 2025 are still secure. However, cases with 2026 trial dates must submit mediator reports 30 court days before the hearing or risk being struck from the roll.

Importantly, mediator fees are shared by both parties. For legal practitioners, this underscores the urgency of engaging with accredited mediators as early as possible to prevent delays.

While a constitutional challenge to this directive is currently before the courts, it remains in force. Accordingly, practitioners must comply with the mediation process in the interim to preserve their clients’ litigation rights.

Business leaders should take note. If your organisation is involved in litigation or may be in future, this development affects timelines, legal strategy and costs. Now is the time to speak to your legal team about proactive mediation planning and to reassess how disputes are managed internally. 

A shift towards collaboration over confrontation

The shift to mandatory mediation is more than a procedural adjustment. It reflects a cultural change in dispute resolution: moving from adversarial litigation toward a more collaborative and efficient process.

While litigation has traditionally followed an adversarial path, the growing emphasis on mediation reflects a broader evolution. Mediation creates a more collaborative environment, where parties are encouraged to engage constructively, seek common ground and find workable solutions. This not only preserves business relationships that might otherwise be damaged through protracted litigation but also allows for outcomes that are often more flexible and creative than those imposed by a court.

Beyond preserving goodwill, mediation offers significant efficiencies. It is typically faster and less costly than going to trial, which can be especially valuable for businesses trying to manage risk, maintain cash flow or avoid reputational exposure. Instead of waiting years for a court date, parties can resolve disputes within weeks or months, freeing up resources and leadership attention to focus on core operations. In many cases, the shift from confrontation to collaboration not only produces better outcomes but also contributes to a more resilient and forward-looking business culture. 

Final words

Mandatory mediation in the Gauteng Division of the High Court marks a significant shift in how civil matters will be handled going forward. For business leaders and legal teams, this development cannot be treated as a procedural formality. It is now a critical step that directly affects litigation timelines, costs and outcomes.

While the constitutional validity of the directive may still be tested, it remains binding for now and non-compliance will have serious consequences. The best approach is to plan ahead, engage with accredited mediators early and adjust internal litigation strategies.

This article offers a straightforward overview of how the process works and what you can expect when engaging an attorney for the first time.
 

Understanding the different legal roles

It is helpful to start by understanding that there are different types of legal professionals in South Africa, each serving a different purpose.

Attorneys

• What they do: Attorneys are often the first point of contact for individuals seeking legal assistance. They provide advice, prepare legal documents such as contracts or wills, handle transactions and assist in resolving disputes.
• Client interaction: Attorneys work directly with clients and manage their legal matters from beginning to end.
• Court appearance: Attorneys may represent clients in the lower courts, such as the magistrates’ courts. If they have the necessary qualifications, they may also appear in the High Court.
• Work setting: Attorneys usually practise within law firms and deal with a wide range of everyday legal matters.

Advocates

• What they do: Advocates specialise in litigation. Their main role is to represent clients in court, especially in more complex matters or in the higher courts such as the High Court, Supreme Court of Appeal or Constitutional Court.
• Client interaction: In most cases, advocates do not work with clients directly. Instead, they are briefed by attorneys who remain the client’s primary contact.
• Court appearance: Advocates are highly skilled in courtroom procedures. They present arguments, examine witnesses and provide legal opinions on intricate matters.
• Work setting: Advocates are usually self-employed and work from chambers, which they share with other advocates.

In short, you will usually consult with an attorney first. If your case requires formal court proceedings, your attorney may bring in an advocate to argue the case in court.
 

Professional standards and duties

All legal practitioners in South Africa, including attorneys and advocates, are governed by the Legal Practice Council. This body ensures that practitioners meet professional standards and follow a uniform code of conduct.

Both attorneys and advocates have a duty to act in the best interest of their clients. They must provide regular updates, communicate clearly and promptly, and offer honest assessments of a client’s position.

In the case of attorneys, one of their key responsibilities is to inform you upfront whether your matter has a reasonable chance of success or not, and what the financial implications might be. This helps you make informed decisions from the outset.
 

Your first consultation

Once you have chosen an attorney and scheduled your initial consultation, here is what you can expect:

You will meet the attorney who will handle your matter and have an opportunity to explain your situation. It is important to be truthful and transparent so that they can give you the best possible advice. The information you share is protected by attorney-client privilege, which means your attorney cannot share it without your permission.

During this first meeting, your attorney must:

• Help you understand what the matter is likely to cost and give you a general idea of the legal process involved.
• Clearly establish what you want to achieve and act only within the scope of your instructions.
• Explain what will happen if you decide not to proceed with the matter.
• Tell you what steps they plan to take on your behalf and how their fee structure works.

You will also enter into a formal fee agreement that sets out their hourly rate, payment terms and when payment will be required.
 

Ongoing duties and communication

Attorneys are required to act with care, honesty and in good faith. They are expected to provide regular updates about your matter and must communicate promptly. If you send them a query or request an update, they are expected to respond within a reasonable timeframe – typically within 48 hours.

Attorneys are also required to report to their clients in writing once work has been done. This report must include:

• Details of any payments received
• Information about disbursements made on your behalf
• A breakdown of the fees and charges applied

If you receive an invoice that you do not understand, you have every right to ask for an explanation. Your attorney is obligated to provide a full and transparent account of how your funds were used.
 

Final words

Choosing the right attorney and understanding how they work can remove much of the stress and uncertainty from a legal matter. A good attorney will take the time to listen, explain your options clearly and guide you through each step of the process. You are entitled to transparency, professionalism and respect, right from the first consultation. If you are ever unsure about any aspect of your matter, ask questions. An attorney who takes your concerns seriously is one who is more likely to act in your best interest.

The system aims to provide greater financial flexibility while ensuring that individuals retain enough savings for retirement. However, early withdrawals come with financial implications, making it crucial for business leaders to guide employees on informed decision-making.
 

Withdrawal trends and tax considerations

Recent statistics from the South African Revenue Service (SARS) highlight the widespread impact of the reform. By February 2025:

• Over 2.66 million applications for withdrawals were submitted.
• 2.4 million withdrawals were approved, totalling more than R43 billion before tax.
• Some individuals received little or no payouts due to outstanding tax debts (IT88s) or underreported incomes, potentially leading to penalties.

For employers, this means an increase in employees requesting financial guidance and support. The tax implications must be carefully considered, as withdrawals from the savings pot are taxed at marginal rates and count as part of annual income, possibly pushing employees into higher tax brackets.
 

Key considerations before employees withdraw funds

Employers should educate employees about the long-term consequences of early withdrawals. While access to funds provides short-term relief in emergencies, it reduces the retirement capital available in the future. Business leaders can support employees by:

Encouraging financial planning

Employees should assess whether they genuinely need the funds or if alternative financial options exist.

Providing tax guidance

Employees need to understand that withdrawals are taxed at their marginal rates, potentially increasing their overall tax liability.

Offering workplace financial wellness programs

These programs can educate employees on budgeting, debt management and retirement planning.

Partnering with financial experts

Employers can connect employees with financial advisors to help them make informed decisions.
 

Lessons learned and best practices

The two-pot system presents both opportunities and risks. Employees now have a safety net for emergencies, but uninformed withdrawals can significantly impact long-term retirement security.

To build a financially secure workforce, employers should:

• Communicate regularly about retirement planning and financial literacy.
• Encourage a savings mindset to reduce reliance on early withdrawals.
• Monitor employee concerns and provide resources for financial education.

Final thoughts

The implementation of the two-pot retirement system marks a shift in South Africa’s pension fund laws. While it grants greater accessibility to retirement funds, it also introduces new financial responsibilities for employees. Business leaders have a key role in educating, guiding and supporting their workforce to ensure that short-term financial relief does not compromise long-term security.

By taking a proactive approach, businesses can help employees make sound financial decisions while maintaining a financially stable and productive workforce.

Mental health in the workplace is no longer just a wellness initiative, it is a business necessity. Employers who prioritise mental well-being benefit from reduced absenteeism, higher productivity and a more engaged workforce. Conversely, neglecting mental health can lead to burnout, high staff turnover and even legal risks.

Employees face immense pressure to perform, often at the cost of their mental well-being. Stress, anxiety and workplace burnout are now among the leading causes of reduced efficiency and workplace conflicts. As a business leader, taking proactive steps to support mental health isn’t just about compliance; it’s about developing a workplace where employees thrive.

This article outlines practical steps business leaders can take to build a mentally resilient workplace. From implementing stress management initiatives to fostering an open culture and ensuring compliance with legal obligations, we explore strategies that benefit both employees and the bottom line.

Employee well-being and retention

A stressed and disengaged workforce leads to absenteeism, high turnover and recruitment challenges. Employees today seek workplaces that care about their well-being, so investing in mental health initiatives, such as stress management programs and wellness resources, helps businesses retain skilled employees while reducing hiring and training costs.

Practical Tip: Implement Employee Assistance Programs (EAPs), offer flexible working arrangements and encourage regular check-ins between managers and teams. A small investment in well-being can yield significant returns in employee satisfaction and retention.

Boosting productivity and performance

A mentally healthy workforce is a productive one. When employees experience high stress, their ability to focus and problem-solve declines. Anxiety leads to procrastination, inefficiency and errors, all of which ultimately affects company performance.

Practical Tip: Encourage regular breaks, introduce mindfulness practices and promote work-life balance. Training managers to recognise early signs of stress can help address issues before they escalate.

Developing a positive workplace culture

A culture that supports mental health is one where employees feel valued and safe to seek help. Workplaces that encourage inclusivity and open communication tend to experience higher morale, stronger teamwork and lower conflict levels.

Practical Tip: Create open-door policies, provide mental health resources and educate employees about available support structures. A workplace culture that prioritises well-being enhances trust and loyalty.

Building strong support systems

A company that supports mental health is also better equipped to handle crises and conflicts. Employees with good mental health can communicate effectively, collaborate seamlessly and resolve issues themselves without unnecessary escalation.

Practical Tip: Offer leadership training on mental health awareness and ensure that HR teams have clear protocols for supporting employees in distress. Establishing peer support networks can also be beneficial.

Meeting legal and ethical responsibilities

Employers have a duty to provide a safe and non-discriminatory workplace. Failing to address mental health concerns can expose businesses to legal and reputational risks, including claims of workplace negligence or discrimination.

Practical Tip: Regularly review workplace policies to ensure they align with labour laws and human rights provisions. Consult with legal professionals to mitigate risks and ensure a compliant, supportive work environment.

Final thoughts

Prioritising mental health in the workplace is not just an act of compassion, it is a strategic decision that directly impacts business success. When employees feel supported, they are more engaged, productive and loyal, thus reducing costly turnover and absenteeism. A mentally healthy workforce enhances innovation, collaboration and resilience, all of which are essential for navigating modern business challenges.

As a business leader, taking proactive steps, whether through wellness initiatives, open communication or fostering a culture of psychological safety, can create a lasting positive impact. Not only does this enhance workplace morale and efficiency, but it also ensures compliance with legal and ethical responsibilities.

Investing in mental well-being is an investment in the future of your business. By building a workplace where employees can thrive, you create a stronger, more sustainable organisation positioned for long-term success.

With the recent amendments to the Employment Equity Act No. 55 of 1998 (“EEA”), which came into effect on 1 January 2025, employers must understand how these changes impact their obligations.

The updated legislation introduces significant shifts, particularly in reporting requirements, sector-specific targets and compliance measures. Here’s what you need to know and how to ensure your business remains compliant.

Who does the amended Act apply to?

The revised EEA now applies to all employers, regardless of size. However, the definition of a “designated employer” has been refined – only businesses with more than 50 employees fall under this category. This means that while all employers must be aware of employment equity principles, smaller businesses (those with fewer than 50 employees) are exempt from certain obligations, such as submitting Employment Equity (EE) reports.

Key changes and their implications

1. Exemption for small businesses

Previously, small businesses had to comply with Chapter III of the EEA, which included employment equity planning and reporting. Now, businesses employing fewer than 50 people are exempt from submitting EE reports, easing the regulatory burden on SMEs. However, these businesses must still adhere to broader principles of fair employment practices.

2. Sector-specific employment equity targets

A significant update is the introduction of sector-specific numerical targets. The Minister of Employment and Labour can now set equity targets tailored to different industries, ensuring balanced representation of designated groups (race, gender and disability) across all occupational levels. Employers must monitor announcements in the Government Gazette, as these targets will differ based on industry and regional factors. Businesses will have 30 days to provide input on proposed targets before they are finalised.

3. Stricter consultation and reporting requirements

Designated employers must actively consult with trade unions and employee representatives when implementing employment equity plans. The aim is to ensure transparency and collaboration in meeting the new sector-specific targets.

In addition, designated employers with fewer than 150 employees must now submit annual EE reports instead of every two years. This means increased administrative oversight, requiring businesses to maintain up-to-date employment equity plans and documentation.

4. Increased compliance monitoring and enforcement

Labour inspectors now have expanded authority to enforce compliance. Employers must be prepared for increased scrutiny, as inspectors can issue compliance orders for:

• Failing to consult with employees on employment equity matters
• Not implementing employment equity plans
• Not submitting required reports

Additionally, employers must demonstrate compliance with their sector’s targets during inspections. A failure to meet these requirements may result in penalties or difficulties obtaining government contracts.

5. Certification of Compliance

Businesses seeking to engage in government work must obtain a Certificate of Compliance, which is only issued to employers who:

• Meet numerical employment equity targets
• Submit the required EE reports
• Have no recent findings of unfair discrimination or wage violations

This means that companies wishing to do business with the state must prioritise employment equity compliance to avoid operational setbacks.

What should employers do next?

With these amendments in place, employers should take proactive steps to ensure compliance:

1. Assess your business category: Determine whether you fall into the designated employer category (50+ employees) and understand your specific obligations.
2. Stay informed on sectoral targets: Monitor Government Gazette announcements for industry-specific employment equity targets and prepare to align with them.
3. Enhance consultation processes: Establish clear communication with trade unions and employee representatives to ensure transparency in employment equity planning.
4. Ensure accurate record-keeping: With the shift to annual reporting for designated employers with fewer than 150 employees, maintain meticulous records to streamline compliance.
5. Plan for compliance inspections: Review employment equity plans, ensure reporting is up to date and be prepared for potential compliance audits by labour inspectors.

Final thoughts

The 2025 EEA amendments aim to create a more equitable workforce while streamlining regulatory compliance. However, they also bring stricter enforcement and heightened expectations for employers. By staying informed, consulting with employees and proactively aligning with sector-specific targets, businesses can navigate these changes effectively and remain compliant.

For more guidance on how these changes impact your business, consult with a legal expert to ensure you are fully prepared for the evolving employment equity landscape.

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This article was authored by Shanice Chibonda under the supervision of Nelson Tjiane.

This year, business success will be determined not just by financial performance but by how well leaders align their organisations with the needs of their people, the shifting economy and a rapidly evolving workplace culture.

Here are five key areas that I believe every CEO and business leader should prioritise in 2025 to ensure sustainable growth and success:
 

1. Prioritising mental health

The mental well-being of both leaders and employees is no longer optional – it is fundamental to the health of your business. As a CEO, the stress of decision-making and steering the company can take its toll. At the same time, employees navigating personal and professional challenges need a supportive workplace. Invest in mental health initiatives, foster open conversations and create an environment where seeking support is encouraged. A mentally resilient workforce is an agile and productive one.
 

2. Ensuring the right people are in the right roles

Take the time to conduct a thorough skills assessment within your team. Are your people working in roles that maximise their strengths and potential? Ensuring that the right individuals are in the right positions will not only boost productivity but also enhance job satisfaction and reduce staff turnover.
 

3. Assessing workplace culture

A healthy workplace culture can be a powerful driver of success. Conduct an external culture test to evaluate how your organisation’s culture is perceived by employees and the market. Studies show that companies with strong cultures, like Google and Netflix, achieve higher levels of employee engagement and productivity. Building a culture of trust, collaboration and purpose will position your business to thrive in any environment.
 

4. Communicating strategically

Effective communication is at the heart of every successful organisation. Internally, keep your employees informed about the health of the company and your strategic goals. Externally, provide context about broader economic factors, such as interest rates or market trends and help them understand how these affect your business. Transparent, consistent communication fosters trust, aligns teams and ensures everyone is working towards shared objectives.
 

5. Mastering leadership

Great leadership remains the most critical skill for any CEO. Your ability to influence, inspire and guide your employees is what transforms a good company into a great one. Leadership is about more than just strategy; it’s about empathy, vision and the ability to motivate your team to go above and beyond.
 

Looking ahead

2025 presents a unique opportunity for CEOs and business leaders to make impactful, meaningful changes within their organisations. By focusing on mental health, skills alignment, culture, communication and leadership, you will not only navigate the complexities of the year ahead but also position your business for long-term success.

Let’s embrace 2025 with a renewed commitment to people, purpose and progress. Together, we can shape a year of growth, resilience and achievement.

I would love to hear your thoughts on this topic as we grow our people together.

As the holiday season approaches, setting aside some time to tackle important legal precautions can offer valuable peace of mind. By addressing these areas, you can protect yourself, your assets, and your loved ones against unexpected legal issues. Here are five essential steps to consider before heading off for a well-deserved break.

1. Update or review your Will

A valid, current will is the cornerstone of any strong personal legal plan. If you already have a will, review it to ensure it reflects your current wishes, particularly if you’ve had recent life changes like a marriage, divorce or the birth of a child. Updating your will can prevent complicated legal issues for your family, allowing assets to be distributed according to your intentions.

Make sure your will is signed, witnessed correctly and stored in a secure location, such as with your attorney or in a home safe. Inform a trusted family member or friend about where it’s stored. This simple precaution can prevent stress for your loved ones during a difficult time and reduce the chances of legal complications down the line.

2. Establish or review a Power of Attorney

A power of attorney (POA) is a legal document that appoints someone to act on your behalf if you’re unable to manage your own affairs. There are different types of POAs, but for holidays, a “general power of attorney” can be useful. This document allows your chosen representative to handle financial matters, property decisions and other legal transactions on your behalf.

For example, if you’re traveling abroad or engaging in activities that carry some risk, your POA can manage essential tasks like bill payments or urgent legal matters while you’re away. Be sure to discuss your preferences with the person you’re appointing and clearly outline the scope of their authority. This way, you’ll have peace of mind knowing your interests will be protected even if you’re temporarily unavailable.

3. Secure digital and financial records

Organising your digital and financial records is an often overlooked but essential legal step before going on holiday. Ensuring that key documents like banking details, ID copies and insurance policies are accessible to a trusted person can make a significant difference in an emergency. You could store these securely in an encrypted digital format or a physical safe at home.

Consider creating a list of important contacts, such as your bank manager, accountant and attorney, along with a summary of any significant financial information they might need. Taking these simple precautions can ensure that your loved ones can access critical information quickly, reducing stress and confusion if they need to make urgent decisions on your behalf.

4. Know your rights if stopped by the police

Police roadblocks and stops are common during the holiday season. Being informed about your rights can help you handle these situations confidently. In South Africa, police officers at a roadblock should be in uniform and willing to provide their identification on request. They must also have written authorisation for the roadblock, which a senior officer should be able to produce if you ask.

If an officer requests your driver’s license or ID, you are required to provide it. However, you’re not obligated to answer questions beyond identification details. If they want to search your car, they need reasonable grounds for doing so. Should they ask for consent, it’s within your rights to ask what those grounds are. Staying calm and cooperative can help prevent escalation while ensuring you retain your rights. If you feel your rights are infringed, make a note of important details, such as badge numbers and names, in case you need to file a formal complaint later.

5. Keep your attorney’s contact details on hand

Having easy access to your attorney’s contact information during the holiday season can be a lifesaver in case of an emergency, a legal question or if you encounter a situation requiring bail. Whether you experience a personal emergency, an issue with local authorities or any unexpected legal problem, having a trusted legal advisor just a phone call away is essential.

To avoid delays, save your attorney’s number on your phone and consider sharing this information with a trusted family member. Inform your attorney of your holiday plans, especially if you’ll be traveling abroad or expect limited connectivity, so they’re aware of how to reach you in urgent situations. By taking this step, you ensure immediate access to experienced advice if something unexpected arises.

Take action now for peace of mind later

By setting aside some time to address these five legal precautions, you’re safeguarding your interests and providing vital support to your loved ones should an unexpected situation arise. From updating crucial documents to securing your records and having your attorney’s contact details on hand, these proactive measures can save you and your family from added stress and confusion. Taking care of these details now allows you to enjoy your holiday season, fully prepared for whatever may come your way.

Disciplinary issues within a company can quickly spiral into major risks if not handled correctly.

We have seen a surge in dismissals being set aside due to unfair procedures, resulting in costly financial Cost Orders, damage to brand reputation and significant stress for all parties involved. For CEOs, MDs and senior leaders, this poses a serious threat to the business. While Human Resources typically handles disciplinary matters, the consequences of poor management processes ultimately land on the shoulders of leadership.

Failure to align internal disciplinary processes with the principles of fairness can lead to legal battles that are unnecessary, drain resourcesharm your company’s public image and undermine trust within your workforce. With Courts and Legislation prioritising fairness over legality, leaders need to ensure their procedures are robust, transparent and consistently applied. If not, they could be exposing their companies to unnecessary risks.

As we approach the December holidays, it’s a perfect time for senior leadership to review their disciplinary processes and ensure they are aligned with these principles. Taking proactive steps now could safeguard your business from substantial losses down the line. Here’s why fairness matters and what every leader should know about their internal processes.

The Right to Fair Labour Practices

South Africa’s Constitution enshrines the right to fair labour practices and this is supported by the Labour Relations Act (LRA) 65 of 1995. The LRA emphasises fairness and equity over strict legality, meaning that when an employee brings a case of unfair labour practices to court, the central question is whether the employer acted fairly.

This fairness is further broken down into two essential concepts in labour law: substantive fairness and procedural fairness.

• Substantive fairness refers to whether the reason for the disciplinary action or dismissal is justified. Is there sufficient evidence of misconduct that warrants dismissal?
• Procedural fairness pertains to how the disciplinary action was carried out. Was the process fair and in line with legal and company guidelines?

Common Pitfalls in Disciplinary Procedures

Despite the existence of a clear Code of Good Practice within the LRA, many companies fall short in applying these principles during disciplinary actions. This code requires that before an employee is charged or dismissed, the employer must conduct an investigation to determine whether grounds for dismissal exist. Unfortunately, in my experience chairing disciplinary hearings, I often find that the charges lack substantive fairness due to the employer’s failure to investigate adequately.

This procedural oversight is more common than it should be. When the HR department rushes to discipline without fully investigating the matter, it sets the stage for a potentially unwarranted hearing. Such cases may later be overturned in court or arbitration, leading to financial losses, damaged employee morale and reputational harm to the business.

Why This Matters for CEOs

As the ultimate decision-makers, CEOs and MDs must be aware of the critical importance of fair disciplinary procedures. Not only is this knowledge crucial for avoiding costly litigation, but it also helps maintain a positive relationship between management and employees, which is vital for long-term business success. Every company’s success is closely linked to the quality of its relationships with its employees and the way disciplinary matters are handled plays a significant role in that dynamic.

Whether an employee’s misconduct is serious or minor, the right to a fair and correct disciplinary process is non-negotiable. A breakdown in this process can lead to damaging consequences that reverberate through the entire organisation.

Action Plan

With the December holidays fast approaching, now is an ideal time for CEOs and senior leadership to review their company’s internal disciplinary processes. Ask yourself whether your procedures align with the principles of fairness and whether your HR team is equipped to handle disciplinary matters in a way that mitigates risk.

Ensure that your company is not only compliant with the law but also upholding the values of fairness and equity. Taking the time to review your processes now could save you considerable financial and reputational costs in the future.

By prioritising fairness and following proper disciplinary procedures, you protect your company from legal challenges while fostering a respectful and positive work environment. This, in turn, builds a more resilient, engaged workforce, ultimately contributing to your company’s success.

The Road Accident Fund is a state–supported insurance fund providing compensation to victims of road accidents in South Africa. In a spade of recent news articles, the Road Accident Fund has attempted to put the blame for its financial woes on the shoulders of the legal fraternity, alleging that attorneys’ costs are the reason that claims are not being paid out and that payouts are squandered on legal fees. The Road Accident Fund takes pride in its purported savings on legal costs.

It is, however, the conduct of the Road Accident Fund that is forcing claimants’ attorneys to proceed with litigation on behalf of claimants as there is no other way to prevent claims from prescribing and to protect claimants’ rights. Claimants’ attorneys have to bring application upon application in order to obtain trial dates or default judgment trial dates at Court. “For more than two decades the RAF adopted a policy of not settling claims unless a summons is issued and a trial date is allocated,” Professor Hennie Klopper recently stated: “These applications result in cost orders being granted against the Road Accident Fund”.

The CEO of the Road Accident Fund famously stated that, “Court orders are there to be appealed” and the Road Accident Fund more often than not engages in pointless and frivolous litigation (LPIIF, Discovery, Auditor General, Foreigner claims and others).

Some Judges have noted (for example, Davis J in the Pretoria High Court case of Nathram vs Road Accident Fund, 26 April 2024), that the Road Accident Fund is currently considered a delinquent litigant. Judges are handling cases on a default judgment basis as the Road Accident Fund is disregarding summonses sent to them (article in the Daily Maverick, 5 September 2024). The matters then get defended on the day of the hearing at Court. Due to a backlog at Court, claimants must wait several more years before their matters are finally before Court again, with trial dates currently being allocated in late 2029.

We, as claimant attorneys, will, however, persevere in protecting our clients’ rights and ensure that our clients’ claims are finalised and paid out by the Road Accident Fund.

Article prepared by Lizelle Marx under supervision of Louis Botha. Personal Injury Department.