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Winter School confronts the crisis of democratic constitutionalism in Africa

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

UFS Winter Graduation Ceremony

2012-06-18

UFS awards record number of master’s degrees and doctorates

The University of the Free State (UFS) celebrated an increase in postgraduate successes with a record number of master’s degrees and doctorates that were awarded during the winter graduation ceremony at the Bloemfontein campus on Thursday 14 June 2012.

A total of 481 master’s degrees and 82 doctorates were awarded in two ceremonies in the Callie Human Centre on the Bloemfontein Campus. This is the most postgraduate qualifications to be awarded at a single graduation ceremony.

DiMTEC has reason to celebrate

Dr Andries Jordaan (second from right) with some of the people who received their master's degrees. From the left are Kehinde Balogun, the couple Olive Chisola-Darris en Clement West Darris, and the couple Everson Ndlovu en Patience Sibongile Ndlovu.
Photo: Leatitia Pienaar
18 June 2012

DiMTEC had reason to celebrate at the winter graduation ceremony. The Disaster Management Training and Education Centre for Africa delivered a healthy crop of 32 master’s degrees and one doctorate.

This was the most master’s degrees that the centre has been awarded at one opportunity. The doctorate, however, was not at DiMTEC – Andries Jordaan, the director of the centre, obtained his Ph.D. in Agricultural Economy.

It was also the first time that two couples received their master’s degrees at the centre at the same time.

Speaking at the event, Dr Jordaan said former students of the centre were using their expertise worldwide. Some of them are in senior positions at the United Nations, in African countries, Afghanistan, and elsewhere. DiMTEC’s students hail from 17 African countries, including French-speaking countries.

“I am proud that we have a footprint right across Africa,” he said.

Three travel all the way from Europe for their MBAs

Smiles on an important day. From the left are: Kasina Baker, Friederike Hackelberg, and Johanna Kössler and her parents and sister.
Photo: Stephen Collett
18 June 2012

No distance, time or money could prevent three MBA graduates from Europe from attending the winter graduation ceremony in Bloemfontein. Two of them were exchange students who were so captivated by the university and the country that they undertook their MBA studies at the Business School.

Friederike Hackelberg of Bremen, Germany, was an exchange student in 2008 and extended her stay to do an MBA. Johanna Kössler of Bolzano, Italy, was also an exchange student who succumbed to the charms of the UFS and South Africa. She brought her parents, George and Nannie, and her sister, Magdalena, with her to attend the graduation ceremony.

Kasina Baker of Warsaw, Poland, began her studies while her husband was working in Kenya. She wanted to study at a quality institution and thus chose the UFS's Business School.

Jessica gets three prestigious medals

Jessica Potgieter (right) was the first student in almost three decades to receive three prestigious medals at the Winter Graduation Ceremony. She received the Dean's medal as best Master's student in the Faculty of Natural and Agricultural Sciences, the Senate Medal as best Master's student at the university and the Award for Scientific Achievement by the South African Association for the Advancement of Science. She is seen here with her mother, Mrs Ilse van Rhyn, and Dr Khotso Mokhele, Chancellor.
Photo: Johan Roux
18 June 2012

Three daughters, three degrees for proud Kovsie mom

Liezel Alsemgeest and Adri Kotzé.
Photo: Leonie Bolleurs
18 June 2012

Adri Kotzé, Faculty Manager in the Faculty of Law, is a very proud parent. In the course of one year, all three her daughters will receive degrees from the University of the Free State (UFS). First in line is the eldest, who received her Ph.D. in Business Management at the Winter Graduation Ceremony.

Liezel is a lecturer in the Department of Business Management at the UFS, where she lectures, publishes and hopes to further her research in finance. “I enjoy working at the university because you have the freedom to do your own thing and focus on whatever you like,” she says.

The title of Liezel’s thesis is Customers’ perception of business units within an agricultural business in South Africa. Her focus is on the subjects of customer satisfaction and financial management, with a specific focus on the management of agricultural businesses.

Middle sister Corné will be graduating with a master’s degree in Occupational Therapy in December, while the youngest, Adéle, will receive her B.A. in Media Studies and Journalism at the Autumn Graduation Ceremony in 2013.

“I am very proud of all three my daughters,” says Adri.

Sasolburg minister receives Dean's Medal for best master's degree in Theology

Rev. Frans Redelinghuys.
18 June 2012

Rev. Frans Redelinghuys of the Reformed Church in Sasolburg received his master’s degree in Theology at the University of the Free State’s Winter Graduation Ceremony. Rev. Redelinghuys was also awarded the Dean’s Medal as the best master’s degree student in the Faculty of Theology.

The focus of his dissertation is Spirituality. “My lecturers are all people who practice what they preach and they have shared their knowledge with me.,” he says.

“My studies also contributed to my personal development,” says Rev. Redelinghuys.

Student from the Netherlands receives degree at UFS Winter Graduation Ceremony

Deborah Van den Bosch-Heij.
Photo: Leonie Bolleurs
18 June 2012

Deborah Van den Bosch-Heij from the Netherlands was awarded a Ph.D. at the Winter Graduation Ceremony by the Faculty of Theology of the University of the Free State (UFS). Her thesis, Spirit and healing in Africa: A reformed pneumatological perspective, is an interdisciplinary investigation of the relationship between the Holy Spirit and healing in Southern Africa. The research addresses the need for a reviewed and contextually reformed approached to healing.

Deborah started her career as a minister at the Valkenburg Congregation of the Protestant Church in the Netherlands in 2001. She was appointed by the missionary department of her church to lecture at the Justo Mwale Theological University College in Lusaka, Zambia in 2005. It was here that she decided on the topic of her thesis. Prof. Rian Venter from the Department of Systematic Theology at the UFS, who is also involved at the Justo Mwale College, is Deborah’s promoter and assisted her in her studies whilst she was in the Netherlands. It was also Prof. Venter who made Deborah aware of the importance of interdisciplinary research.

Well-known judge's granddaughter receives degree

Judge Joos Hefer and Annelie de Man.
Photo: Leonie Bolleurs

Annelie de Man, a law researcher at the Supreme Court of Appeal in Bloemfontein received her master’s degree at the Winter Graduation Ceremony of the University of the Free State (UFS). She is Judge Joos Hefer’s granddaughter. Annelie was also awarded the Dean’s Medal as the best master’s degree student in the Faculty of Law.

“Today is one of the biggest highlights in my career,” says Annelie, who received exposure to the field of law from a young age.

In September, she will be leaving for Italy to study for a master’s degree in European Human Rights at the European Inter University.

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