ABSTRACT
This refers to any statement of law that is not an integral part of the ratio decidendi. It refers to statements said ‘by the way’, as strictly construed any statement not a part of the ratio is unnecessary. While obiter dicta (plural) pronouncements do not form part of the binding precedent, weighty obiter pronouncements from the higher courts are persuasive authority and are likely to be followed, and will certainly be considered, but there is no obligation on the judge to follow them.
