MOOTNESS AND THE APPROACH TO COSTS AWARDS IN CONSTITUTIONAL LITIGATION: A REVIEW OF CHRISTIAN ROBERTS v MINISTER OF SOCIAL DEVELOPMENT CASE NO 32838/05 (2010) (TPD)

After nearly three years of waiting, the North Gauteng High Court (then the Pretoria High Court) finally handed down judgment in March 2010 in the case of Christian Roberts v Minister of Social Development. The case was a constitutional challenge to section 10 of the Social Assistance Act 13 of 2004 and the relevant Regulations, which set the age for accessing an old age grant at 60 for women and 65 for men. After the hearing the High Court had reserved judgment. Pending judgment the government had amended the legislation in dispute so that the pensionable age for the purposes of accessing a social grant would be equalised over time. Despite the change in legislation, the High Court found against the applicants and punished them with a costs order.