Judicial precedent or case law consists of law found in the judicial decisions. A judicial precedent is the principle law on which a judicial decision is based. It is the ratio-decidendi otherwise known as the reason for the decision. It is not everything said by a judge in the course of his judgment that constituents a precedent, only the pronouncement on law in relation to the material facts before the judge constitutes a precedent. The doctrine of judicial precedent as a common law doctrine applies to only those Courts which are empowered to administer adjective common law of which forms part of the doctrine. Customary Courts, Sharia Courts of Appeal and area Courts are not empowered to apply adjective common law. Therefore, the common law doctrine does not apply to them nor does any legislation provide for a precedent system in customary Courts. As a common rule under the doctrine of ‘stare decisis’ a Court is bound to follow decisions of a higher Court in the hierarchy. But a lower Court is not bound to follow a decision of a higher Court which has been over-ruled. Further-more, a lower Court is not bound by a decision of a higher Court where that decision is in conflict with a decision of another Court which is above such higher Court in the hierarchy. In principles, a lower Court is entitled to choose which of the two conflicting decisions of a higher Court of equal standing it would follow. It should be noted that a binding precedent may be abolished by the legislation.