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21 August 2024 | Story Leonie Bolleurs | Photo Supplied
Law Winter School 2024
Participants in the Winter School on African Constitutionalism had the opportunity to acquire the latest knowledge and information on African constitutionalism.

The African Network of Constitutional Lawyers (ANCL) and the Faculty of Law of the University of the Free State (UFS) recently hosted a Winter School on African Constitutionalism titled Confronting the 'Crisis' of Democratic Constitutionalism in Africa. According to Khanya Motshabi, Senior Lecturer in the Department of Public Law and Strategy Lead: UFS Reparation Hub at the UFS, the 2024 Winter School is a first for Africa.

Motshabi said the aim of the winter school, which was attended by members of the UFS University Management Committee, academia, students, experts in constitutional law, law practitioners, and justices of the Constitutional Court of Zambia, was to gather prominent and emerging African intellectuals, practitioners, judges, and policy drivers to assess the state of democratic constitutionalism in Africa. “We wanted to explore the progress and failures of the past decades, place African developments in a global context, analyse current problems, and propose solutions for building an African version of democratic constitutionalism that reflects its unique circumstances, challenges, experiences, and popular preferences,” he commented.

Prof Anthea Rhoda, Deputy Vice-Chancellor: Academic, attended the event, providing opening remarks and emphasising the alignment of the winter school with the university’s Vision 130. She highlighted the university's commitment to social justice and its broader mission to impact society by addressing persistent social problems and fostering transformation across the African continent. “Our vision alludes to the fact that universities are expected to play an important role in providing skills, building the economy, solving persistent social problems, and transforming our post-apartheid society,” she remarked, adding that the discussion and input of this winter school are not only focused on South Africa, but also aim to confront the issue of democratic constitutionalism across the African continent.

Prof Vasu Reddy, Deputy Vice-Chancellor: Research and Internationalisation, who also attended the event, said, “This is a highly prestigious meeting that brings a great gathering of African scholars and judges from an apex court in Zambia to Free State soil. A meeting such as yours offers excellent opportunity to think more deeply about African constitutionalism that triggers further engagement on continental development, law, society, and politics.”

Prof Reddy also commented on the theme of confronting the crisis of democratic constitutionalism: “You engage an important theme and topic. ‘Crisis’ is an important word and presents possibilities. Not only does it describe the challenges and dangers of wicked problems facing us, but central to its meanings are also the opportunities at our disposal.”

Decline in constitutional democracy

The ANCL and the UFS Faculty of Law are concerned that although constitutional democracy has grown over the past 30 years, it has declined in the past decade. Regimes maintain the appearance of democracy while ignoring its fundamental principles, such as free and fair elections and the rights to speech, expression, and association. Anyango Oyieke, ANCL Secretary-General, noted that effective constitutional democracy requires not only institutional arrangements, but also an active civil society, strong political parties, and a culture that tolerates differences and exercises power with restraint.

Motshabi and Oyieke believe that despite varied democratic experiences in Africa, many countries have seen a decline in democratic governance marked by constitutional manipulation, intimidation, flawed elections, and military coups. Even where elections are credible, the winner-takes-all mentality undermines governance and delivery of basic needs. High levels of insecurity, stalled poverty reduction, and worsening youth unemployment contribute to a preference for military regimes over democracy. Motshabi and Oyieke observe that the African Union and Regional Economic Communities struggle to fulfil their democratic promises, undermining the legitimacy of democracy and putting constitutionalism and governance in crisis.

The event addressed several key thematic areas, including the development of a theory of African constitutionalism, examining the historical context of constitutionalism and nation-building, and integrating decolonisation within constitutional theory. Discussions also covered human rights and constitutionalism, the establishment of institutions to secure democracy, how effective dictators think, and the use of constitutional petitions as tools to entrench constitutionalism. Additionally, the role of elections and electoral processes in a constitutional democracy was explored, along with the impact of undemocratic changes of government on the principles of constitutionalism.

Valuable insights on African constitutionalism

Frontline constitutional scholars of African descent and colleagues from around the world brought the latest knowledge and valuable insights into African constitutionalism.

Dr Gerard Kamga, Division Coordinator: Research and Postgraduate Programmes in the Free State Centre for Human Rights and Programme Director for Research and Postgraduate Studies in the Faculty of Law, delivered three sessions. The first two sessions explored The Mechanics of (Un)Constitutional Power Transfer in Postcolonial Africa: the case of Françafrique. Dr Kamga’s third session addressed Currency, Constitutionalism, and Sovereignty. On the second day, Prof Charles Fombad, Professor of Law and Director of the Institute for International and Comparative Law in Africa at the University of Pretoria, presented on Towards a Theory of African Constitutionalism. Prof Danie Brand, Director of the Centre for Human Rights and acting Judge of the High Court of South Africa, contributed a presentation on Constitutionalism and Transformation in Africa.

Motshabi himself led sessions on Confronting the Past: Constitutionalism and the Making of a Nation State and Decolonisation and Constitutional Theory. From beyond South African borders, Prof Azubike Onuora-Oguno, Associate Professor in the Faculty of Law at the University of Ilorin and a solicitor and advocate of the Nigerian Supreme Court, discussed Human Rights and Constitutionalism. Oyieke covered How to be a dictator, which analysed how effective dictators think and undermine constitutional democracy. Prof Wahab Egbewole, Professor in the Faculty of Law and Vice-Chancellor of the University of Ilorin, as well as senior advocate in the Nigerian Supreme Court, spoke on Unconstitutional Change of Government. Prof Tameshnie Deane, Vice-Dean: Research and Postgraduate Studies of the UFS Faculty of Law, delivered the final session on Constitutional Petitions as a Tool for Entrenching Democracy.

Democratic governance on the continent

Motshabi concluded that the one-week course aimed to fill an important gap by offering participants the chance to acquire the latest knowledge and information on African constitutionalism. The course provided an analytical and critical appraisal of current issues and the unique opportunity to conceptualise solutions while practising the art of networking. By developing a collaborative environment, the winter school not only highlighted the progress and failures of the past decades, but also encouraged the development of innovative solutions tailored to Africa's unique circumstances. This initiative marks a significant step towards building a strong and dependable system for democratic governance on the continent.

News Archive

During 2011: Prestige Scholars Programme (PSP)
2011-12-01

The University has designed the Vice-Chancellor’s Prestige Scholars Programme (PSP) to promote and support the intellectual breadth and depth required of young scholars to pose questions and generate knowledge in their disciplines and hence to occupy the vanguards of contemporary intellectual enquiry. The programme specifically targets members of the academic staff who are near completion, or have newly completed, their doctoral studies.

The goal is to select no more than 100 of the most promising young scholars and to make substantial investments in their development towards becoming full professors. A tailored, intensive programme of support is designated that combines international placement working alongside leading scholars in the discipline of the prestige scholar, with intensive mentorship and support from within the university.

 Description: 2011 PSP_Thuthuka  Tags: 2011 PSP_Thuthuka

Elite young scholars on the Vice-Chancellor’s Prestige Scholars Programme generated R1,2 million in National Research Foundation Thuthuka and Blue Skies funding in 2011 alone. Dr Katinka de Wet in the Department of Sociology was awarded Blue Skies funding for her work on the Hybrid Identity of the HIV/Aids patient. Thuthuka Grant holders Drs Cilliers van den Berg, Olihile Sebolai, Dirk Opperman and Diaan van der Westhuizen work in the fields of German and Afrikaans trauma literature, microbiology, structural and evolutionary biology, and architecture, respectively. This broad disciplinary range typifies the depth and extraordinary range of scholarship present among junior academics at the UFS.


 Description: 2011 PSP_Liza Coetsee Tags: 2011 PSP_Liza Coetsee

Dr Liza Coetsee, a Y2-rated physicist, is the first of the Vice-Chancellor’s elite cohort of Prestige Scholars to submit for National Research Foundation rating. Dr Coetsee works on the latest of the Nanotechnology Surface Science systems housed in our Department of Physics. As Prestige Scholar, Dr Coetsee conducts research on phosphor solar cells. Her aim is to establish a new Phosphor Solar Cell field at the University of the Free State with Proff. Hendrik Swart and Koos Terblans. As a member of the Prestige Scholar Programme, Dr Coetsee will work in collaboration both with colleagues from the Nelson Mandela Metropolitan University and Prof. Eray Aydil from the University of Minnesota and Editor-in-Chief of the Journal of Vacuum Science & Technology.


 Description: 2011 PSP_Olihile Sebolai Tags: 2011 PSP_Olihile Sebolai

Dr Olihile Sebolai is one of the 2 Vice-Chancellor’s elite Prestige Scholars and a microbiologist. In 2011, Dr Sebolai was awarded a Thuthuka Grant for his research on the yeast pathogen Cryptococcus neoformans, the cause of life-threatening Aids-defining illnesses such as meningitis. Dr Sebolai considers how cryptococcal lipids mediate infectious processes leading to illness. An understanding of these cellular processes will offer hope for future drug development to combat the scourge of cryptococcal meningitis, annually causing the death of over half a million people in Sub-Saharan Africa. Dr Sebolai is also interested in mapping the prevalence and distribution pattern of cryptococcal meningitis in the Free State. This, in turn, will assist health authorities to manage current infections and plan appropriately for potential outbreaks. The Prestige Scholars Programme, with the assistance of the National Research Foundation, will afford Dr Sebolai the opportunity to pursue his research in laboratories in the United States and India in 2012 and 2013.


 Description: 2011 PSP_Louis Holtzhausen Tags: 2011 PSP_Louis Holtzhausen

Dr Louis Holtzhausen, member of the Vice-Chancellor’s Prestige Scholars Programme, has been named by the South African Sports Confederation and Olympic Committee (SASCOC) as team doctor for Team South Africa during the All Africa Games, the largest sports event in Africa. National teams from African countries participated in 23 sports events. As an esteemed South African academic in sports medicine Dr Holtzhausens’ participation was an extension of the work already being done under his supervision at the UFS’s Sports Performance Unit. Many of the athletes who prepared at the Unit were also part of the team. Elite athletes’ illness and injury profiles are one of Dr Holtzhausens’ research focus areas. The exposure to this group in competition was of great value in the identification and development of research niche areas.


 Description: 2011 PSP_ Chantel Swart Tags: 2011 PSP_ Chantel Swart

The South African Society for Microbiology awarded Dr Chantel Swart-Pistor, a Prestige Scholar on the Vice-Chancellor’s elite programme, the top prize for her PhD during a recent gala dinner in Cape Town. Dr Swart-Pistor accomplished a breakthrough in the field of nanotechnology with The influence of mitochondrial inhibitors on zoospore and ascospore development. Her supervisor, Prof. Lodewyk Kock and co-supervisors, Dr Carolina Pohl and Prof. Pieter van Wyk, also stressed the important collaboration with Proff. Hendrik Swart (Physics) and Pieter van Wyk (Centre for Microscopy), which made Dr Swart-Pistor’s work possible. She has presented her work in Beijing (Medichem 2011) and Philadelphia (Biotechnology-2011). She has been invited to return to China in 2012.


 Description: 2011 PSP_ Lizette Erasmus Tags: 2011 PSP_ Lizette Erasmus

Dr Lizette Erasmus, scientific chemist and one of the Vice-Chancellor’s Prestige Scholars, has just returned from a three-month-long research visit to Prof. Hans Niemantsverdriet at the Technical University of Eindhoven in The Netherlands and the University of California, Davis. Dr Erasmus specialises in heterogeneous catalysis. Her visit to Prof. Niemantsverdriet, one of the global experts in the field of surface science, served to round of existing research. In California, Dr Erasmus visited her mentor, Prof. Bruce C. Gates, as part of the objectives of the Rector’s programme for the internationalisation of young researchers. Prof. Gates, an expert in catalysis, could contribute to Dr Erasmus’ research on the characterisation of heterogeneous catalysis and catalytic reactions. In exchange, her expertise in organometallic synthesis added value to Prof. Gates’ existing research. Their continued collaboration gave availed them of the opportunity for interdisciplinary interaction between engineering (Prof. Gates’ speciality) and chemistry, and promises to contribute to increased collaboration between the two universities in future.


 Description: 2011 PSP_Dirk Opperman Tags: 2011 PSP_Dirk Opperman

Dr Dirk Opperman, specialist in structural and evolutionary biology and National Research Foundation Thuthuka Grant holder, joined the Vice-Chancellor’s Prestige Scholars Programme after his postdoctoral work at the Max Planck Institute (KOFO) in Germany. Dr Opperman is the recipient of institutional seed funding to establish a protein crystallisation unit, which in turn led to the donation in 2011 of a multi-million Rand X-ray diffractometer¬ from the University of the Western Cape to complement his existing access to international synchrotrons. Dr Opperman is spending part of 2011 at the University of Exeter (UK) to further his research into the three-dimensional structures of specific enzymes and their trajectories of evolution to specific functions.


 Description: 2011 PSP_Abiodun Ogundeji Tags: 2011 PSP_Abiodun Ogundeji

Abiodun Ogundeji is a member of the Vice-Chancellor's Prestige Scholars Programme. Abiodun's work was recently recognised when he and his co-authors received an award for the best contributed paper at the 49th annual conference of the Agricultural Economics Association of South Africa on the topic, Impact of climate change on planning and dealing with flood disasters in South Africa: A case study of Soweto on Sea. The paper was co-authored by Prof. Giel Viljoen from our Department of Agricultural Economics and Herman Booysen, as well as Gawie du T. de Villiers, Research Associates in the Department of Geography. Abiodun is currently conducting invaluable research on the quantification of the economic value of climate change impacts and the benefits and costs of adaptation in South Africa.

 

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