‘When we find in a judgment statements which attach meanings to particular words or phrases, we must remember that the Judge is dealing with those words or phrases in the context in which they occur and with reference to the subject matter to which they relate. Beyond that, a statement as to the meaning of a word or phrase would merely be obiter dictum. I should be loth to read a Judge’s elucidation of a word with no specialised legal meaning as intending to lay down as a matter of law what that word means independently of the context in which he is dealing with it, for defining the meaning of words as such is not a Judge’s function, but that of a philologist.’
Fagan CJ in Consolidated Diamond Mines of South West Africa Ltd v Administrator, SWA 1958 (4) SA 572 (A) at 599C-E and quoted with approval by MJD Wallis JA in para [18] of:
Sable Hills Waterfront Estate CC v Sable Hills Waterfront Estate Home Owners Association NPC (199/2016) [2016] ZASCA 170 (24 November 2016)