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Winter School Law
Academics, legal practitioners and students gathered at the 2025 Winter School and Conference on Constitutionalism in Africa to engage on unconstitutional changes of government.

The Faculty of Law at the University of the Free State (UFS), in collaboration with the African Network of Constitutional Lawyers (ANCL), hosted its second Winter School and Conference on Constitutionalism in Africa from 28 to 31 July 2025. 

Held on the UFS Bloemfontein Campus, the event brought together academics, legal practitioners, judges, students, and political leaders from across the continent to engage with one of Africa’s most urgent challenges: unconstitutional changes of government (UCGs).

This year’s theme, ‘Unconstitutional Changes of Government in Africa’, offered a platform for dynamic, relevant, and often difficult conversations. Over four days, participants explored the historical and colonial underpinnings of UCGs, as well as their causes, manifestations, and possible solutions. The programme also encouraged critical and policy-informed discussions that reflected a shared commitment to democratic governance, constitutional accountability, and African-led solutions.

 

A platform rooted in urgency, solidarity, and African solutions

There was a clear sense among speakers and attendees that constitutionalism in Africa is facing a critical moment, and that academic spaces like the Winter School are necessary not only to understand this crisis, but to respond to it. Dr Jacques Matthee, Vice-Dean for Learning, Teaching, Innovation and Digitalisation in the UFS Faculty of Law, captured the broader sentiment: “We are reminded of the power of intellectual community, of dialogue across borders, and of our shared commitment to democratic values, justice, and accountability across the continent.”

He added that what united the participants was not just “a theme of urgent relevance, but also the growing conviction that solutions to Africa’s constitutional challenges must emerge from Africa itself”. The conference, he said, reaffirmed that, “The true impact of a law faculty is not measured by rankings or buildings, but by the values it cultivates and the contribution it makes to society.” Hosting the Winter School, then, became “a living testament to the values of openness, scholarship, African solidarity and justice”.

 

African voices on legal and political instability

The programme was shaped by diverse African voices, offering a range of insights into the erosion and resilience of constitutional frameworks. The Winter School featured keynote addresses by leading scholars in the field of constitutional law. Prof Charles Fombad, Director of the Institute for International and Comparative Law in Africa at the University of Pretoria, delivered a lecture on ‘Unconstitutional Changes in Government: Comparative Perspectives, Patterns, Problems and Prospects’. Prof Karin van Marle, Research Chair in Gender, Transformation, and Worldmaking at the University of the Western Cape, explored ‘Unconstitutional Changes in Government: Gender Implications and Preventative Strategies’. Prof Wahab Egbewole, Vice-Chancellor of the University of Ilorin and Senior Advocate of Nigeria, presented on ‘Understanding and Predicting Unconstitutional Changes of Government: Megatrends, Causes, Effects and Legacies’.  

Khanya Motshabi, Senior Lecturer in the UFS Faculty of Law’s Department of Public Law and one of the coordinators of the conference, said the theme for this year’s Winter School emerged “almost naturally” from both recent developments across the continent and last year’s theme, ‘Confronting the “Crisis” of Democratic Constitutionalism in Africa’. 

“We had a longish period of democratisation linked partly to the NEPAD initiative, but also to global geopolitical conditions… which created space for the expansion of democratic constitutionalist habit on our continent,” Motshabi explained. “And then a massive regression, which signalled us quite powerfully that constitutionalism in Africa is indeed in crisis.”

 

Academic responses to Africa’s constitutional crises 

Reflecting on the goals of the Winter School, he noted: “We thought it incumbent on ourselves as thinkers on constitutionalism in Africa to be relevant in responding to actual conditions on the continent.” He added that the participants’ engagement reinforced this purpose: “They asked some of the most searching, hardest questions, which means that our concerns are not just parochial scholarly concerns, but concerns that respond to realities and changes in our environment.” The Winter School, he emphasised, aligns with the ambitions of the university itself: “… to be regionally engaged and to make a difference in terms of the development of our societies”.

The four-day programme included panel discussions, keynote lectures, and debates covering judicial independence, democratic backsliding, the militarisation of governance, and fragile transitions. Attendees examined not only how constitutionalism is being undermined, but also how institutions, civil society, and legal scholars might better protect and advance it.

Among those who attended was Prof Azubike Onuora-Oguno, also from the University of Ilorin. “It’s a continuation of a process I have faith in,” he said, reflecting on his second Winter School experience. “The content of the presentations has been rich, engaging, very rewarding. We’re excited for what the future holds. I’m already thinking how 2026 would look like and I can bet you, it will be a blockbuster.”

He added: “Legal cultures are different. You could see that perception and perspective from the different African countries. We need this to shape the Africa we want, building toward the ideal… The continuation of this would ensure that we are doing our bit as academics to build a robust continent where we can interrogate issues, influence policies, and hopefully ground a better Africa.”

News Archive

Education dialogue opens engagement on legacy of OR Tambo
2017-10-05

Description: Dialogue  Tags: OR Tambo, education, future, students, Africa, activism 

Pali Lehohla, outgoing Statistician-General speaking at the
Centennial celebration of Oliver Tambo.
Photo: Supplied


To celebrate Oliver Reginald Tambo’s centennial year, the Oliver and Adelaide Tambo Foundation, in partnership with the Rector and Vice-Chancellor of the University of the Free State (UFS), Prof Francis Petersen, and Absa Bank, hosted an interactive dialogue session, titled “Educating Africa’s Future” on 26 September 2017 on the Bloemfontein Campus.

Students encouraged to take charge of their future
The event opened up dialogue on some of the current burning issues that affect students in South Africa, societal challenges such as poverty and crime, and how leaders such as Tambo envisaged a free Africa. Prof Petersen highlighted the role that universities played in developing society, in creating leaders and crafting the path to transformation. Other speakers included Pali Lehohla, outgoing Statistician-General, Linda Vilakazi, CEO of the Oliver and Adelaide Tambo Foundation, Nombulelo Nxesi, CEO of Education, Training and Development Practices, Sector Education and Training Authority, Prof Peliwe Lolwana, Associate Professor at Wits University’s Centre for Researching Education and Labour, and Sikhululekile Luwaca, former UFS Student Representative Council (SRC) president.

Education may require a new approach
During the panel discussion that was facilitated by Phiwe Mathe, former UFS SRC President and media officer in the Office of the Chief Whip of the Free State Legislature. The audience raised concerns regarding the future of funding for university study, the securing of employment and possibilities, if any, of entrepreneurship. In response to some of the concerns, Pali Lehohla said the realities of family dynamics in South Africa affected the ability of students to be properly profiled and funded, according to family income, and that most importantly, the solutions to Africa’s challenges had to come from within and not without. Students’ questions gravitated towards the question of whether higher education in its current form was still valuable or whether new models of teaching that would foster inclusion and earlier economic independence would be of better value.

The legacy of OR Tambo continues to be honoured
The notion of education as a driver for the liberation of South Africa and the continent as a whole, poverty alleviation and freedom from colonial rule are some of the building blocks of the legacy of Oliver Tambo. 
Linda Vilakazi reiterated that students and student leaders would benefit from seeing the importance of using a broad-based African approach to the issues that plague them and their peers, rather than seeing their challenges outside of the continental context.  Sikhululekile Luwaca said higher education must be more accessible, and in order to drive change, students should use their education to become future employers rather than employees and change the face of the future themselves as was envisioned by other liberation leaders.
Caption: Pali Lehohla, outgoing Statistician-General speaking at the Centennial celebration of Oliver Tambo.

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