1. Judges in courts at the lowest level of decision making, often called courts of first instance, do not normally create binding precedents. It is the higher courts that issue binding rulings and the lower courts must follow them.
2. The pronouncement must from what is called the radio decidendi of the case. This is Latin for 'the reasoning behind the decision '. This is the part of the judge's word that provides the legal reasonong for his of her decision.Everything eles the judge says is called obiter dictum. Obiter dictum is something that is not really necessary for the legal basis for the decision. Only the radio decidendi is binding.