This judgment deals with the issue of costs left open in Black Sash 1. In that judgment costs were reserved and the then Minister of Social Development (Minister Dlamini) was called upon to show cause on affidavit as to why she should not be joined to the proceedings in her personal capacity and why she should not pay the costs of the application out of her own pocket. In response, affidavits were filed that raised conflicts of fact in relation to an alleged parallel process of responsibility initiated by Minister Dlamini.
 Following upon this, the Court in Black Sash 2, ordered that Minister Dlamini be joined in her personal capacity and that the parties report to this Court on whether they agreed to a process in terms of section 38 of the Superior Courts Act to determine the issues relating to Minister Dlamini’s role and responsibility in establishing the parallel decision-making and communication processes. The parties agreed on a referee and retired Judge President Ngoepe (Ngoepe JP) was appointed to conduct the fact finding inquiry.