Judicial decision-making and the use of panels in the South African Appellate Division, 1950-1990

Against a body of established theory suggesting that Courts are social constructs which mirror the societies in which they reside and that judicial outcomes frequently reflect prevailing political and other societal attitudes, the present article examines the extent to which judges can also act strategically to maximize their preferred outcomes. It does so through an empirical analysis of the behaviour of six Chief Justices who presided over South Africa's highest court--the Appelate Division--in the era of apartheid between 1950 and 1990.