The Deputy Judge President ("DJP") of the Johannesburg High Court should again be commended for transparency in publishing a bulletin on 26 July 2024 of lead times for the set down of matters for hearing.
The bench and the legal profession met during the recess after the second term and various proposals were discussed in order to have a long-term positive impact on the waiting times for the allocation of hearing dates at the Johannesburg High Court. These proposals included:
- Diverting some matters away from the state's court system and to expand the market for arbitrations beyond the commercial sector; and
- The promotion of mediation which many litigation attorneys still appear reluctant to recommend to their clients.
In some instances, trial dates for civil trials are allocated as far as 4 years, 9 months away (namely in April 2029). This long delay is attributable to the fact that the volume of cases set down cannot be heard sooner by the number of available Judges or Acting Judges.
Currently, the lead times to set matters down are as follows:
- For opposed matters involving the Minister of Police, if one applied now for a hearing date, a date is likely to be allocated after 3 August 2027;
- For opposed divorce matters, if one applied now for a hearing date, one is likely to be allocated after 25 November 2024;
- For matters designated as Commercial Court matters, one is likely to end up with a hearing date after 25 August 2025;
- For any trial matter that requires more than five days, one is likely to end up with a date after 19 October 2026;
- For special Tax Court matters, one is likely to get a date in the term that follows the term in which the application for a hearing date is made;
- For opposed motion roll matters, one is likely to get a date after 10 March 2025;
- For any application that requires a day or more to be heard (namely, matters designated for the special motions roll), one is likely to get a date after 30 July 2025;
- For unopposed matters, one is likely to get a date after 21 October 2024;
- For the special interlocutory roll, one is likely to get a date after 12 August 2024;
- For settlements to be made an order of court, one is likely to get a date after 25 July 2024;
- For full court civil appeals, one is likely to wait between one and two terms for a date to be allocated;
- For Magistrates' Court civil appeals, one is likely to wait about one term for the allocation of a date;
- For full court criminal appeals, one is likely to wait five to six months for the allocation of a date;
- For Magistrates' Court criminal appeals, one is likely to wait four months for the allocation of a date.
The shortage of judges at the Johannesburg High Court impacts on the court's ability to render an effective litigation service. Legal practitioners have a duty to assist the court in reducing these lead times. Experienced practitioners should be encouraged to avail themselves to act as judges in order to help reduce the significant backlogs at the Johannesburg High Court.
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