On 23 July 2026, the Gauteng High Court delivered judgment in a challenge to the Judge President’s Directive requiring parties to participate in mediation before a civil matter may be enrolled for trial. The applicants argued that compulsory mediation exceeded the Judge President’s powers and could impede the constitutional right of access to courts. Importantly, they did not challenge mediation itself, but its compulsory nature and use as a precondition for trial enrolment. The Court, however, did not decide whether mandatory mediation is constitutional or lawful. Instead, the application failed because the applicants had not obtained the Chief Justice’s consent before instituting proceedings against the Judge President, as required by section 47(1) of the Superior Courts Act. The Court held that this defect rendered the proceedings a nullity and dismissed the application with costs. The Court nevertheless confirmed that the applicants had standing to challenge the Directive and allowed the Law Society of South Africa to join the proceedings. The key takeaway: the Gauteng mandatory mediation Directive has survived this challenge on procedural grounds, not because the Court endorsed its legality. The important question of whether mediation can lawfully be made a compulsory gateway to trial therefore remains unresolved.

Recent Constitutional Court and Labour Court decisions are sending a clear message to employers — but are you getting it right in your workplace? This article explores the practical lessons emerging from recent case law, with a focus on constructive dismissal, ill health and incapacity, consistency in discipline, and fairness in workplace decision-making. Designed for Line Managers, HR practitioners and ER specialists, it translates legal principles into clear, practical guidance to help organisations reduce risk, avoid disputes, and stay on the right side of the law.

Conflict Dynamics was founded on 27 April 1996 by John Brand and Felicity Steadman, following their appointment to train the first cohort of CCMA Commissioners. Since then, it has grown into a leading practice in labour dispute resolution, training, and mediation, now managing up to 100 referrals a month. As we mark 30 years, we reflect on the journey, the people, and the learnings that shaped us—and look ahead to what comes next. Read about the journey here.

When reviewing three recent Labour Court decisions involving the discipline and subsequent dismissal of an employee, one theme stands out more clearly than ever - context matters and can shape the outcome of disciplinary action. In this article which is based on a recent webinar hosted by Conflict Dynamics, Ingrid Lewin unpacks the practical lessons for employers from the cases.