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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

UFS appoints Jansen as rector
2009-03-15

The Council of the University of the Free State (UFS) is pleased to announce that it has agreed to offer the post of Rector and Vice-Chancellor of the UFS to internationally renowned academic Prof. Jonathan Jansen, making him the first black Rector and Vice-Chancellor of the institution in its 105-year history.

This decision was taken by an overwhelming majority, signalling the commitment of the UFS to continue as a world-class university that will at the same time pursue the objective of transformation in the interests of the entire university community.

Announcing the decision today (Friday, 13 March 2009), the Chairperson of the UFS Council Judge Faan Hancke said the UFS was privileged to have had candidates of the highest calibre apply for the position. An international executive search agency specialising in academic appointments had assisted the UFS Council in its search for top quality candidates.

“This has been a truly vibrant, transparent and participatory selection process, which has resulted in our institution being able to make this historic appointment,” said Judge Hancke.

“I appeal to the entire UFS community, staff, students and alumni to support the new Rector and Vice-Chancellor in his endeavour to lead this institution to greater heights. This is an important moment in the life our institution. We should celebrate this achievement as a united university community,” Judge Hancke said.

“As a council we are now unanimously behind Prof. Jansen and want to assure him of our full support,” Judge Hancke said.

In response to his appointment, Prof. Jansen said it was a great privilege and that he would really do his utmost best to be of service to the UFS.

In his statement of intent which was submitted earlier as part of his application for the post, Prof. Jansen indicated that if appointed he “would be deeply honoured to lead one of South Africa’s great universities”.

“The University of the Free State has gained a national reputation for three things: [1] its turnaround strategy in terms of financial stability in a context where external funding has been uncertain; [2] its research strategy which has seen a steady and impressive growth in research outputs; and [3] its managerial decisiveness in the wake of the Reitz incident,” Prof. Jansen said.

Regarding the challenges facing the UFS, Prof. Jansen said in his statement of intent: “The UFS has to find a way of integrating classroom life while at the same time ensuring the promotion of Afrikaans, an important cultural trust of the institution, as well as Sesotho and other indigenous languages. It has to bring academic staff, administrative staff, workers, students, as well as the parent community behind a compelling vision of transformation that works in the interest of all members of the university community. And it has to rebuild trust and confidence among students and staff in the mission of the university.”

Prof. Jansen is a recent Fulbright Scholar to Stanford University (2007-2008), former Dean of Education at the University of Pretoria (2001-2007), and Honorary Doctor of Education from the University of Edinburgh. He is a former high school Biology teacher and achieved his undergraduate education at the University of the Western Cape (BSc), his teaching credentials at UNISA (HED, BEd) and his postgraduate education in the USA (MS, Cornell; PhD, Stanford).

He is also Honorary Professor of Education at the University of the Witwatersrand and Visiting Fellow at the National Research Foundation.

His most recent books are Knowledge in the Blood (2009, Stanford University Press) and his co-authored Diversity High: Class, Color, Character and Culture in a South African High School (2008, University Press of America). In these and related works, he examines how education leaders balance the dual imperatives of reparation and reconciliation in their leadership practice.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
13 March 2009
 

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