For these reasons, it was strongly suggested that the government establish judicial salary commissions, thus overruling " obiter dicta " in the previous landmark judicial independence case, " Valente v . The Queen ", which had found such commissions were desirable but not necessary.
42.
This language, however, may be obiter dicta; the case was not about consumers'rights, but rather about whether Diamond Multimedia Systems was liable for not paying AHRA-mandated royalties after making and marketing a type of device that the plaintiffs asserted was covered by the AHRA.
43.
The principle against a public authority fettering its discretion by rigid adherence to a policy also applies to the exercise of discretionary police powers, as indicated by " obiter dicta " in the High Court case of " Chee Soon Juan v . Public Prosecutor " ( 2011 ).
44.
In the course of their exhaustive review of earlier authorities in " Makdessi ", the Supreme Court sorted through a large variety of " obiter dicta " relating to penalties, many of which they considered doubtful, misinterpretations of earlier decisions, or simply capable of being misconstrued.
45.
However, because Vellama's appeal was in fact dismissed for lack of standing, the holding of the Court with regards to the Prime Minister's discretion in calling a by-election was " obiter dicta " and, strictly speaking, is not binding on other courts faced with a similar decision.
46.
"obiter dicta " since it was unanimous that " the arrangements challenged by the Government as violative of the Sherman Law cannot find shelter under the patent law, howsoever valid the patents of the defendants may be . " He insisted, " Deliberate dicta, I had supposed, should be deliberately avoided ."
47.
Although the lower courts applied the decision and allowed the use of " Hansard ", and the Lords itself initially followed it in " R v Warwickshire County Council, ex parte Johnson ", several objections and limits were expressed in later " obiter dicta " and " ratio decidendi ".
48.
Some of the " obiter dicta " in " Cowan ", however, have been implicitly doubted by " Harries v The Church Commissioners for England ", which held that trustees are entitled to consider the social and moral interests of the beneficiaries where they relate to the express or implied objects of the trust.
49.
All other statements about the law in the text of a court opinion all pronouncements that do not form a part of the court's rulings on the issues actually decided in that particular case ( whether they are correct statements of law or not ) are " obiter dicta ", and are not rules for which that particular case stands.
50.
No court, yet, has gone so far as to overturn " Delmas " judges usually confine their disapproval to " obiter dicta " but it remains the case that the rules of interpretation in the South African law of contract are themselves hard to interpret, so that it falls to the particular views of each individual judge.
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