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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: Highlights at the UFS
2011-12-01

2011 was a phenomenal year in the life of the University of the Free State and the memorable moments will be engraved in the history of this proud institution.

World Universities Forum honours the UFS

The UFS was awarded the World Universities Forum (WUF) Award for Best Practice in Higher Education during 2010.The Best Practice Award recognises the most significant practices of the year around the world. The university’s implementation of a number of interlocking innovations to transform the institution is recognised with the award.

These innovations include: campus-wide racial integration for students; reinvigoration of the academic culture; nurturing of the most promising young scholars by means of the Vice-Chancellor's Prestige Young Scholars Programme; sending 71 first-year students to top American universities to assist with their development into non-racial campus leaders; the revision of the undergraduate curriculum to promote a cross-disciplinary approach to key societal problems; raising the entry requirements; the facilitation of open access to campus leadership through sessions with the Vice-Chancellor and Rector; extension of this spirit of dialogue internationally through the inauguration of its International Advisory Council consisting of key thinkers and practitioners; the identification of 20 of the most dysfunctional high schools in the Free State and the building of relationships with those schools.

This university-school partnership is based on a strict contract of reciprocal commitments to increase the chances of black children attending university. The WUF applauded this as the most innovative step.


New branding for our 107-year old institution

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Our university turned a fresh new page with the launch of a new brand that will take the institution on its path to new horizons.

Two primary brands were adopted – an evolved academic crest and a new marketing brand for the institution’s offerings and services. The very foundation of the UFS is built on a dynamic learning environment where academic excellence and the development of leadership qualities. The new brand seeks to adapt to the changing needs of society, without sacrificing its rich history and heritage.

The rebranding process involved one of the most expansive and intensive process of consultations with staff, alumni, Senate, Council and other stakeholders.

The new brand is anchored in the university’s renewed motto “In Veritate Sapientiae Lux” (In Truth is the Light of Wisdom), which has been evolved to embrace the diversity of the community at the university without losing its essence.


Archbishop Desmond Tutu receives an honorary doctorate

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One of the great sons of Africa, Archbishop Emeritus Desmond Tutu, received an honorary doctor of Theology and opened the International Institute for Studies in Race, Reconciliation and Social Justice on the Bloemfontein Campus at the beginning of 2011.

The Institute originated in the Reitz incident of 2008 and embodies the UFS’s determination to be a place where reconciliation, forgiveness and social justice would not only be studied, but where it would also be applied. Students and scholars from across the world can study the theory and practice of building societies across the boundaries of race, as well as religion, gender, disabilities and national origin.

By honouring Dr Tutu, the UFS recognises the contribution he has made in the field of Theology through his teachings and the books he has written. The UFS not only honoured him as a moral and religious leader who has maintained his integrity as a Christian, but also as “a great son of South Africa who has made a huge contribution to peace, reconciliation and justice in South Africa and in the world”.



Reconciliation closes book on the Reitz incident

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The Reitz incident, that has taken the UFS to front pages and news headlines, could come to closure this year with a reconciliation ceremony between the former students and staff members. The parties involved could meet in private and also took part in a public ceremony with many dignitaries witnessing the closure of the incident and repercussions it had.

Messages of apology were read by Prof. Teuns Verschoor, Vice-Rector: Institutional Affairs, on behalf of the UFS, and Mr Danie Grobler, on behalf of the former students. A message of acceptance of the apologies was read by Ms Emmah Koko on behalf of the workers.

Deputy Chairperson of the South Africa Human Rights Commission, Commissioner Pregs Govender, said of this historic event: “The courage and compassion shown by the workers together with the students’ willingness to embrace the spirit of change have enabled a process of justice, transformation and reconciliation that is an inspiring example for South Africa.”


Grade 12s attend first Leadership Summit

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More than 280 learners from all over South Africa and Namibia attended a three-day Leadership Summit on the Bloemfontein Campus in April 2011. The goal of the summit was to enable young leaders to develop their leadership capabilities by looking beyond their normal boundaries.

Prof. Jonathan Jansen, Vice-Chancellor and Rector, addressed the learners on leadership while Mr Louie de Necker, a training consultant, spoke about conflict resolution. Other highlights included a visit to the Boyden Observatory, picnic suppers, an introduction to residence life, a social evening, and a prize-giving ceremony aimed at learners who distinguished themselves as potential leaders during the three-day visit.


UFS honours great teachers

Our university and Sunday Times have joined hands in identifying 150 of the greatest teachers, who moved, inspired and transformed South Africans during their time at school. The project culminated in the book Great Teachers.

These are the teachers who stood out among their colleagues and made a lasting impact on their learners, inspiring them to excel, long after the mathematical equations and English literature tests are forgotten. The book is a powerful account of inspired and inspiring teachers.

All proceeds from the sales of the book will be used to provide bursaries to student teachers of today, who may become the great teachers for tomorrow’s generation.


Graduations now a celebration

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By changing its format, graduations are now a festival to celebrate years of hard work and dedication of students and lecturers at our university. Some of the changes include the gathering of the procession on the Red Square in front of the Main Building, from where it moves to the Callie Human Centre. The graduation programme is also filled with music and song items with various young speakers addressing and inspiring the audience.

A total of 83 doctorates were conferred this year, making it the highest number in the history of the university.


African Student Affairs Conference a huge success

The first African Student Affairs Conference (ASAC) was hosted by our university. The conference was attended by delegates from universities across the continent and was aimed to place the focus on issues relating to student affairs in an African context.

Delegates shared and exchanged strategies, ideas and resources, and discussed issues related to the work of student-affairs professionals. A delegate from Nigeria said it was an important conference for Africa and it should become a regular event.


Research published in Nature

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A research article on the work by a team under the leadership of Prof. Esta van Heerden, and counterparts in Belgium and the USA, has been published in the distinguished academic journal Nature on Thursday 2 June 2011.

The article – Nematoda from the terrestrial deep subsurface of South Africa – sheds more light on life in the form of a small worm (nematode) living under extreme conditions in deep, hot mines. It was discovered in one of the gold mines in the Free State.

The research can shed some new light on the possibility of life on other planets, previously considered impossible under extreme conditions. It also expands the possibilities into new areas where new organisms may be found.


Postgraduate School is one of a kind

Our Postgraduate School was launched with the aim of bringing research-bases education in line with national priorities and the focus of the UFS Academic Turnaround Strategy of 2010. It spans across our facilities.

The focus of the school is to produce graduates who are global citizens, research literate and able to reflect ethically on the purpose, process and product of research; to improve throughput rates of postgraduate students; and to make the experience of being a postgraduate at our university one which is stimulating, enjoyable and which contributes to the development of people beyond the limits of their disciplines.


Oprah Winfrey now a Kovsie

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World attention was drawn to our university when an honorary doctorate in Education was conferred on media icon Oprah Winfrey on 24 June 2011 at our Bloemfontein Campus. The graduation was probably the biggest ceremony of its kind in South Africa, with more than 4 500 people attending.

Our university honoured her for her accomplishments and unparalleled work as a global media leader, as well as a philanthropist with vision and foresight in the field of education and development.

Prof. Jonathan Jansen, Vice-Chancellor and Rector of our university, said: “It is a great privilege for us to be the first South African university to honour Ms Winfrey in this way and to be able to recognise a global icon of her stature.”


UFS doctors make history in South Africa

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Two procedures took the UFS to the forefront of the medical world this year.

History was made with the first implant of a special new aortic valve in South Africa. The advantage of this new valve is that it can be implanted percutaneously through a catheter from the groin. This eliminates the need for invasive surgery.

The valve is made from porcine pericardium (tissue derived from pigs) and is mounted on an expandable stent, which is threaded along an artery, until it reaches its desired position. The valve is especially useful in older patients who suffer from aortic valve disease and pose a high surgical risk. It also reduces hospitalisation time.

A rare malignant tumour was also removed in groundbreaking heart surgery. What makes this operation unique, is that the suspicious mass, identified in the heart of a 51-year old man, was rapidly growing into a highly invasive cardiac tumour seen in a small number of patients worldwide.

In the highly complex, 10-hour operation the entire right heart chamber had to be removed and the heart reconstructed.


School of Open Learning adds value

The activities of the new school are driven by a central principle: opening up access to those who have not had the opportunity to study at a higher-education institution due to geographical location, socio-economic circumstances or other factors.

Programmes are delivered through a blended-learning model, which blends contact teaching with distance education.

The school will collaborate with our various faculties, and is managing the continuing education-sponsored endeavours of the Faculty of Education. These include projects for in-service training of teachers in Mathematics, Natural and Physical Sciences, Languages, Literacy, Economic and Management Sciences, Technology and various areas of Management and Leadership.



Second group of young leaders abroad

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A second group of first-year students in the Leadership for Change Programme visited universities in the USA, Europe and Asia. Our university could extent the programme to 150 students, up from 71 in 2010.

These students are seen as a leadership core, not only for their university life, but also in public life outside the university borders.

The main purpose behind the programme is to expose students to positive models of racial integration. Their experiences will go a long way towards changing and enriching the minds of young leaders, who have committed to building a truly non-racial society in South Africa.


Odeion School of Music launched

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Our former Department of Music transformed into the Odeion School of Music. The name Odeion name portrays not only an excellent asset in the Free State, but also nationally and internationally.

The school’s new name bears the respected Odeion brand and a number of successful and respected ensembles operate under this brand. These include the residential Odeion String Quartet, student ensembles, the Junior Odeion String Quartet, the Odeion Sinfonia, and the Odeion Choir.

The formation of the school paths the way for more flexibility to complement its profile with new developments. These include the application of prestigious international experts as artistic fellows, membership to progressive European, jointly-developed degree programmes and curriculum development initiatives, the founding of a chair in Orchestra Conducting, a master’s degree in Arts Management, as well as the incorporation of bio-kinetics in the teaching methodologies of performance practice.


World-class Chemistry facilities opened

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World-class Chemistry facilities, with state-of-the art equipment, opened on the Bloemfontein Campus.

The upgrading of the facilities and addition and replacement of equipment were the single biggest investment at our university in a long time.

Specialised research by the Department of Chemistry includes X-ray crystallography, electrochemistry, synthesis of new molecules, the development of new methods to determine rare elements, water purification, as well as the measurement of energy and temperatures responsible for phase changes in molecules, the development of agents to detect cancer and other defects in the body, and many more.
 

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