MR LAX
Where it did have application and Van Zyl I recall specifically questioning him about this, conceded this aspect was that in determining the nature of the project and the "voorstudie", he would have been required to have a discretion to consider what alternatives to use and it was in that context that he chose particular actions, so that's the extent.  I accept your argument that yes, that would have gone up and they may have changed it, etc., etc., and that once it came back, he didn't have as much discretion in the matter, but it's at that point of choosing what is an appropriate action to recommend as part of the "voorstudie" that the discretion comes into it.