On 5 and 6 June 2025, the University of the Free State’s (UFS) Department of Private Law in the Faculty of Law hosted its first International Conference on Transformative Constitutionalism and Private Law. The conference, held on UFS’s Bloemfontein Campus, marked a significant moment in the faculty’s academic calendar, bringing together legal scholars and researchers from across South Africa and abroad for two days of intellectual exchange and robust debate.

Prof Anthea Rhoda, Deputy Vice-Chancellor: Academic, delivered the opening remarks and reflected on the significance of the moment: “Your presence here today enriches the space and reaffirms the importance of cross-border and cross-disciplinary dialogue in pursuing legal transformation. We gather here three decades after the adoption of South Africa’s Constitution and, as we know, it is one of the most progressive constitutions in the world.”

She added, “The true measure of the transformative Constitution lies not in its stakes, but in its practical impact, its application on laws, institutions and, most importantly, on the lives of individuals. This is why this conference focusing on private law is so timely.”

Prof Rhoda emphasised the importance of creating spaces that aid in the quest of furthering justice. “Academic spaces such as this conference play a critical role in fostering engaged scholarship which is relevant and responsive to the demands of justice,” she said.

The keynote address was delivered by Judge Ian van der Merwe, a UFS alumnus with decades of experience in the South African legal system. Judge Van der Merwe provided valuable insight into how the courts contribute to Constitution-based changes in the development of common law – particularly within the field of private law.

Presented in partnership with Germany’s Hochschule Schmalkalden (Schmalkalden University of Applied Sciences), the conference was a collaborative academic platform designed to critically engage with the intersection of constitutional values and private law, 30 years into South Africa’s democratic constitutional order. It featured multiple parallel sessions across two days, covering a broad range of themes including property law, contract law, customary family law, access to healthcare, legal pluralism, social justice, and the evolution of legal personhood, among others.

A call to reflect, reimagine, and reform

Dr Marda Horn, Senior Lecturer and Acting Head of the Department of Private Law at UFS, described the conference as “the first of its kind at the University of the Free State,” with a deliberate focus on how the Constitution has transformed South African private law.

“The focus really was: 30 years into democracy and the inception of the Constitution, how did the Constitution change the South African legal system, particularly private law, which is still largely based on common law and legislation that predates the Constitution?” she explained.

According to Dr Horn, the aim was not only to assess how the courts have contributed to the development of private law, but also to identify where legislative reform is still needed.

“Private law in South Africa is not codified; it’s not written out in legislation. Much of it comes from colonial times. So, for legal certainty, we must determine what the current legal position is, and whether the courts have done enough to align it with constitutional values,” she said.

She also emphasised the theme of social justice, noting that it was essential for the conference to take a broad approach: “We didn’t want to focus on one topic alone. We wanted a wide-ranging conference, and one of our goals is to publish a volume that showcases how private law has changed due to the Constitution.”

Reflecting on the outcomes, Dr Horn expressed satisfaction with the rich academic engagement: “We had versatile papers, a lot of discussion, and debate. We’re very happy with the outcome and we’d like to make this an annual event.”

The international scope of the conference was equally important. “Although South African private law is quite unique, we want global perspectives, whether from fellow developing constitutional democracies or more established ones. There’s always an opportunity to learn from others, and for others to learn from us.”

Dr Jacques Matthee, Vice-Dean for Teaching, Learning, Innovation, and Digitalisation in the Faculty of Law, echoed this sentiment: “It’s important to open dialogue on these issues, not only to broaden our international footprint but also to explore different forms of interdisciplinary and transdisciplinary research. It creates the space to reevaluate established legal principles and enrich our academic community.”