This was an urgent chamber application heard over two days, two weeks apart. Issues emerged on the first day of hearing that necessitated an investigation and a report by the third and fourth respondents’ officials. The third and fourth respondents did not oppose the application. They indicated they would abide by any court order issued.
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An integral part of the adjudication process is the exercise of discretion. It is done judiciously. Whim, caprice, impulse, irrationality, excitability, emotion, and all the other negative urges or passions of that nature have no role. There are many instances when the court is called upon to exercise its discretion. But it is mostly in sentencing, in criminal matters, that that function is so pronounced. Ordinarily the doctrine of stare decisisensures that like cases are treated alike. In appropriate situations, a precedent set in one case should be followed in all other subsequent cases of a similar nature. But this...
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