CARMEL RICKARD: New Gauteng commercial court could reshape corporate disputes
The new commercial court in Gauteng, if it works as planned, could change the way corporate disputes are managed — to the benefit of all parties
The next big litigation trend in 2019? There’s no doubt the answer lies with the new commercial court in Gauteng. The court’s official existence and applicable practice directives were announced in October by Dunstan Mlambo, the judge president of the Gauteng division of the high court. And some cases are already in the pipeline, making their way to settlement or a hearing. The court is envisaged as a dynamic operation, with disputes case-managed by the judge or judges likely to hear the matter when it gets to court. Case management, already delivering good results in jurisdictions like Namibia, allows for the resolution of particular matters before trial, making the actual court hearing quicker and more focused. During meetings with the parties, the judge helps clarify a timetable, witness statements and exchange of documents, with agreed deadlines to keep the pretrial process moving efficiently towards the hearing. Mlambo’s vision is of a court offering efficient and faster resolu...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.