Public Participation Call: Support a Mediation Act for South Africa – Focused on Family Law Reform – due 30th April 2025

Here’s a formal introduction and step-by-step guide for the public response to the South African Law Reform Commission’s Discussion Paper 168 – Project 94 on Alternative Dispute Resolution: A Mediation Act for South Africa, with the SPECIFIC focus on family law.

Introduction

The South African Law Reform Commission (SALRC) has called for public comment on Discussion Paper 168 – Project 94: Alternative Dispute Resolution: A Mediation Act for South Africa, with a submission deadline of 30 April 2025.

Fathers 4 Justice South Africa (F4J SA) has prepared and submitted a detailed response specific to the urgent need for mandatory and automatic mediation in all family law matters, including but not limited to divorce, contact, care, guardianship, parenting plans, maintenance agreements, and divorce settlements.

We believe that mediation must be embedded as the first and default step in all family law disputes, following a model similar to that of the Commission for Conciliation, Mediation and Arbitration (CCMA). Our proposal is not to undermine the courts but to prevent unesecary prolonged and financially crippling litigation, which disproportionately harms children and repeatedly removes willing and capable fathers from their children’s lives.

To make this process accessible to the public, we have prepared:

A summary of our official submission By F4J SA
The Main Detailed Submission by F4J SA
Letter from F4J to its Members
A public support form that individuals may easily complete and submit in Word – Please complete, sign and save to PDF before submitting
A step-by–step instruction guide
A copy-and-paste email template, including the relevant SALRC contact details
Letter from the Law Reform Commission detailing when and where the public hearings are to be held
An option for individuals to indicate whether they wish to make an oral presentation at the end of the page

We strongly urge members of the public, professionals, and stakeholders to read our official submission and, if in agreement, to support this crucial reform by responding directly to the Law Reform Commission.

Why This Matters

South Africa’s adversarial legal system in family matters is not only costly but also completely unjust. Parents can spend anywhere from R1 million to R5 million over a 5- to 8-year period, with no guarantee of fair or timely outcomes. The system deliberately financially cripples one parent—usually the father—while causing long-term harm to children who are deprived of meaningful relationships with both parents.

The Family Advocate’s Office already exists and is legally mandated to mediate in matters concerning children. However, in practice, its powers are often ignored, underutilised, or sidelined. Our proposal seeks to empower and strengthen the Family Advocate’s Office, ensuring that mediation becomes mandatory and that shared parenting responsibilities (50/50 contact, care, guardianship, and financial contribution) are the legal default from the outset, regardless of marital status, culture, tradition, or religious belief.

What You Need to Do

Step-by-Step Guide

Download the Support Pack
This pack contains:
- Fathers 4 Justice South Africa’s full response to the South African Law Reform Commission (SALRC)
- A simplified public support form
- Instructions on how to complete the form
- A ready-to-send email body with subject and addresses
Complete the Public Support Form
- Fill in your name and surname
- (Optional) Add a brief personal statement of support
- Tick the box if you are willing to make an oral presentation
- Sign and date the form
Send Your Submission
- Copy the standard email template we have provided
- Paste it into your email client
- Attach your completed support form
- Send the email to the following SALRC contacts: Primary Contact – South African Law Reform Commission
  PLEASE USE THIS FRIENDLY COPY AND PASTE TEMPLATE – DO NOT SEND A BLANK OPEN EMAIL SPACE – IT’s RUDE
  📧 Email: nmatibe@justice.gov.za; dclark@justice.gov.za; info@f4j.co.za
  📧 Subject: Response to Discussion Paper 168 – Support for Mandatory Family Mediation
  📧 Addressed to: Mr Nelson Matibe and Dr Dellene Clark
Share the Initiative
- Encourage friends, family, and colleagues to participate
- Post the link on your social media
- Use the hashtags: #MediationFirst #FamilyJusticeSA #F4JSA

Closing Date for Submissions

🗓️ All responses must be submitted by Tuesday, 30 April 2025.

If you are happy to throw 5 to 8 years of your life and waste between R1 mill and R5 mill to walk away the same as or worse than when you started your legal proceedings to get divorced and formulate a proper parenting and maintenance plan, then carry on walking on by.

However, if you want to formulate a proper divorce, parenting and maintenance plan that YOU are in control of, then you must immediately respond to the Law Reform Commission’s request for response.

To all South African Parents, we cannot overstate the
urgency and importance of this call. If you believe
that family law should serve children and parents
equally and that mediation must replace prolonged
and adversarial court battles, now is the time to act.

Together, we can reshape the family justice system in South Africa—making it faster, fairer, and more humane.

Contact Information for The Official Fathers 4 Justice South Africa:

For any Queries and Assistance, feel free to reach out via email or WhatsApp

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