Dissenting judges in Southern Africa’s transforming judicial cultures

Abstract Rates of judicial dissent vary dramatically between Southern Africa’s appeal courts, even though judges frequently circulate between their benches. This variation cannot be explained by the ideological distance between judges or by their judicial philosophies. Differing institutional arrangements provide better but still incomplete explanations. These arrangements reflect dramatic transformations in the region’s judicial cultures. Analysing these diverging cultures illuminates why some forms of dissent have proved particularly contentious, and why styles of adjudication favouring dissent in some areas of the law have aroused particular hostility. There is thus no straightforward ‘norm’ that promotes or undermines judicial consensus in the region.