Wooooo Hooooo Go BPH :)$$$$$$, page-29251

I think DB is a very conservative guy and I honestly think he isn’t being aggressive enough:
the govt is stringing this out. As you said on the pub test it’s hard to argue that they aren’t just keeping this in the inbox and after it got obviously too long in MKs intray they have sent it off to another minister for really no reason if we are honest about it. She has no real reason to recuse herself…

it’s true that in a catch 22 situation to appeal the decision we need a decision so as long as the govt withholds a decision we are stuck: BUT that is inequitable:

BPH can issue a writ of Mandamus in the high court under section 75 of the constitution. That is an action to seek an order to compel and administrative decision maker, in this case the JA to make a decision in the event that the decision maker is failing to make a decision.

that would put the cat amongst the pidgeons and I think that DB should really consider this course of action.

i think that the handball to Ed was done to specifically counter this strategy by effectively resetting the clock so they could defend the action by saying that Ed only has had the brief for a month or so so it’s not unreasonable to not have made a decision:

but considering the endless history of this pep11 journey this manoeuvring by the govt maybe seen by the court for what it is .

i think they have had long enough and while a writ af mandamus is a risky play I think it should be looked at.

I don’t know how long it takes to get it heard by the court but considering 500 million options expire in 100 days I think it maybe time to play the card.