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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: Appointments
2011-12-01

Dr Lis Lange: Senior Director: DIRAP

Description: 2011 Appointments_Lis Lange Tags: 2011 Appointments_Lis Lange

Dr Lis Lange, an Argentinean by birth, immigrated to South Africa twenty years ago – a few weeks after Nelson Mandela had walked through the gates of Victor Verster. For the past ten years, she has been involved in quality assurance for higher education institutions at the Council on Higher Education at national level.

She is assisting our university in the areas of quality assurance and academic planning, contributing to the development of deep intellectual debate and multi-disciplinary research.


Prof. Charles Dumas, Department of Drama and Theatre Arts

Description: 2011 Appointments_Charles Dumas Tags: 2011 Appointments_Charles Dumas

Prof. Charles Dumas, Extraordinary Professor in our Department of Drama and Theatre Arts, will be spending three months per year for the next three years at our university to help develop filmmaking, specifically focusing on the development of the Video Unit Planned for the Department.

Prof. Dumas started the year off with the production, Our Father’s Daughters, which was produced during the Mini-festival as well as at the Reitz Four reconciliation meeting. The production was also turned into a short film. Prof. Dumas gave film-acting classes to the third-year drama students. He directed multiple productions, such as the third-year module production Ipi Zombi, the Grahamstown Festival production, Seven Guitars and the Dance/drama production, Race, Reconciliation and the Reitz Four.


Prof. Daniel Plaatjies, UFS Business School

Description: 2011 Appointments_Daniel Plaatjies Tags: 2011 Appointments_Daniel Plaatjies

Prof. Daniel Plaatjies is the former Director and Head of the Graduate School of Public and Development Management at the University of the Witwatersrand. He was mainly responsible for the leading, directing and managing of strategic academic programmes, teaching, research, governance, service management and monitoring. Prof. Plaatjies, who was appointed as Visiting Professor at our Business School this year, will as part of his new duties at our Faculty of Economic and Management Sciences, be lecturing part-time and supervise our PhD students.


Prof. Johann Neethling, Department of Private Law

Description: 2011 Appointments_Johann Neethling Tags: 2011 Appointments_Johann Neethling

Prof. Johann Neethling’s career is now completing its full circle with his appointment as Senior Professor in our Department of Private Law. In 1965 he was a first-year at this university. With his nine law text books and nearly 200 articles, together with 40 years’ experience in academic training he is of inestimable value to this Department. His publications contribute to the establishment of our university as a research institute.


Prof. Hussein Solomon, Department of Political Science

 Description: 2011 Appointments_Hussein Solomon Tags: 2011 Appointments_Hussein Solomon

Prof. Hussein Solomon joined our university this year as Senior Professor in the Department of Political Science. Formerly he worked in peace NGOs, advised diplomats and acts as a serving officer in the South African Air Force.

His area of research expertise includes conflict and conflict resolution in Africa; South African Foreign Policy; international relations theory; religious fundamentalism and population movements within the developing world. He is also the author of a number of books, including one on global jihad and one on India's secret relationship with apartheid South Africa.

He is also member of the internationally renowned Our Humanity in the Balance (OHIB) organisation, where his role is to bring these disparate communities together and to focus energies on a common project.


Prof. André Keet, International Institute for Studies in Race, Reconciliation and Social Justice

Description: 2011 Appointments_Andre Keet Tags: 2011 Appointments_Andre Keet

Prof. André Keet, our Director of the International Institute for Studies in Race, Reconciliation and Social Justice, joined the University of Pretoria on a part-time basis in 2008, whilst being a Commissioner on the Commission for Gender Equality. Later he left the Commission and joined the University of Fort Hare. “I was happy to join academia and now also serve on the Stellenbosch University Council; therefore I am very aware of the challenges facing higher education,” he said.

His vision for the Institute is to support higher-education transformation, promote non-discrimination, reconciliation and human rights, build national, regional and international networks, and developing ‘new’ languages, knowledge and discourses for reconciliation and social justice, all to the benefit of our university and South Africa.”


Prof. Helene Strauss, Department of English

Description: 2011 Appointments_Helena Strauss Tags: 2011 Appointments_Helena Strauss

Prof. Helene Strauss completed her PhD at the University of Western Ontario, London, Canada, where she taught courses on Film Studies, Children’s Literature and South African Literature and Culture. “I was subsequently appointed as an Assistant Professor in the Department of English and Cultural Studies at McMaster University, Hamilton, Canada.” She joined our Department of English this year.

Prof. Strauss has an on-going preoccupation with questions concerning social justice, race, gender and ethical interpersonal interaction in South Africa and beyond.


Prof. EC Ejiogu, Centre for Africa Studies

Description: 2011 Appointments_EC Ejiogu Tags: 2011 Appointments_EC Ejiogu

After 22 years in the United States of America, Prof. EC Ejiogu decided to return to Africa – to his roots – to join our university’s Centre for Africa Studies at the beginning of 2011.

Before joining the Centre, he was Assistant Research Professor in the Centre for Innovation at the University of Maryland, College Park. As Senior Researcher at the Centre, he has already helped with the streamlining of the academic programme, restructuring it to enable students to gain skills necessary to deliver a research proposal towards a dissertation after their three years of study. He has also taken up PhD and Master’s supervision.

His latest publications include a book published in March 2011 with the title, Roots of Political Instability in Nigeria, and a book co-edited with Prof. Kwandiwe Kondlo, Director of the Centre for Africa Studies, Africa in focus: Governance in the 21st century, published in April 2011.


Pura Mgolombane, Vice-Dean: Student Affairs

Description: 2011 Appointments_Pura Tags: 2011 Appointments_Pura

Bringing with him a decade of experience in Student Affairs our new Assistant-Dean for Student Life and Leadership, Pura Mgolombane, has big plans for student development. He says his office wants to help Kovsies increase its throughput rate and produce socially well-adjusted and employable graduates in South Africa, the continent and anywhere in the world.

Before joining Kovsies, he was employed as Director: Student Life, Governance and Culture at Walter Sisulu University. Pura, who has a background in Human Resources, Business Management and Corporate Law, says his academic training has empowered him with skills to ensure that the Student Life and Leadership is properly led, governed and managed.


Prof. Hasina Ebrahim, School for Social Sciences and Language Education

Description: 2011 Appointments_Hasina Ebrahim Tags: 2011 Appointments_Hasina Ebrahim

This former academic from the University of Kwa-Zulu Natal was appointed as Associate Professor at our School for Social Sciences and Language Education in the Faculty of Education. Amongst others, she is the project coordinator for the Faculty’s Early Childhood and Foundation Phase Teacher Education Programme and the MEd and PhD supervisor in the programme.

Prof. Ebrahim is also the Deputy-President of the first South African Research Association for Early Childhood Education (birth to nine). “This is certainly a milestone to profile the university in terms of its thrust towards excellence in research,” she says. One of the main aims of the association is to shape the research agenda for a marginalised field in South Africa. 


Prof. Corli Witthuhn, Faculty of Natural and Agricultural Sciences

 Description: 2011 Appointments_Corli Witthuhn Tags: 2011 Appointments_Corli Witthuhn

Prof. Corli Witthuhn, a former Bloemfonteiner, attained her PhD in Microbiology at our university. Therafter, in 1999, she was appointed as a lecturer at Stellenbosch University and later as Vice-Dean.

Currently she is our Vice-Dean in the Faculty of Natural and Agricultural Sciences. She hopes to sustain her research here at our University.

Her life motto? “Opportunities are presented in the form of obstacles,” she says.
 


Prof. Melanie Walker

Description: 2011 Appointments_Melanie Walker Tags: 2011 Appointments_Melanie Walker

Prof. Melanie Walker is a prominent South African scholar who has been working as Professor of Higher Education Studies at the world-leading University of Nottingham in the UK, where she been Director of Postgraduate Students and a Director of Research in the Faculty of Social Sciences. She will join the University of the Free State in February 2012 as Senior University Professor in the Postgraduate School.

She is a graduate of the University of KwaZulu-Natal and the University of Cape Town, where she completed her PhD, after teaching in disadvantaged secondary schools for a number of years. Prior to working at Nottingham she worked at the Universities of Sheffield, West of England and Glasgow, as well as the Universities of Cape Town and the Western Cape. She is also a Fellow of the Human Development and Capability Association. She is currently Director of Research Training and a senior researcher in the EU-funded Marie Curie EDUWEL project, which includes senior researchers from eight European countries and 15 early-stage researchers.

With a long-standing commitment to social-justice research and equality practices, she is currently widely recognised internationally as leading in the application of the capability approach and human development to higher education policy and practice. Among others, she has led or participated in research projects funded by the NRF (South Africa), the Higher Education Academy (UK), HEFCE (UK), EU, and ESRC/DfID, which funded the Public-Good Professionals’ Capability Index research project. 
 

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