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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 academics present papers at major conference
2009-07-23

 
Pictured from the left are: Prof Neethling, Prof Edna van Harte (Dean of the Faculty of Military Science, Stellenbosch University), Dr Thomas Mandrup (from the Royal Danish Defence College and co-organiser of the conference), and Prof Heidi Hudson.
Photo: Supplied


Prof Theo Neethling from the Department of Political Science was recently invited to address a conference on the theoretical basis for states’ use of military instruments of force and scholarly progress in the understanding of armed conflict in Africa held at Stellenbosch University (SU) on 11 and 12 June 2009. This conference, themed Strategic Theory and Contemporary Africa Conflicts, was presented by the Faculty of Military Science of SU in collaboration with the Faculty of Military and Strategic Studies of the Royal Danish Defence College in Copenhagen. The conference was premised on the point that the way in which states choose to become involved in, orchestrate or oppose armed conflicts in terms of peace intervention action, normally originates from theoretical thinking well-grounded in a national strategy. This was the first conference in South Africa that focused on the nature of such a national strategy, but also on how the incidence of recent armed conflicts in Africa could be explained in terms of this theoretical thinking. In view of this Prof Neethling’s paper was titled, “UN peacekeeping operations in Africa: Reflections on developments, trends and the way forward”. His paper focused on recent and current UN peacekeeping operations with special reference to multinational challenges in the African context.


Prof. Heidi Hudson from the Centre for African Studies also attended the conference in Stellenbosch on Strategic Theory and Contemporary Africa Conflicts. In addition she was invited to present a paper at the Peacekeeping Africa 2009 conference held on 24 and 25 June 2009 at Gallagher Estate, Midrand. The event brings together individuals who are experts in defence, peacekeeping, policing, foreign service and other government bodies to share knowledge and to discuss the latest developments. This year’s conference was attended by more than 100 experts from all over Africa, with strong representation from the UN and the International Red Cross. Prof. Hudson’s paper was entitled “Peacebuilding through a gender lens”. Her presentation examined lessons learnt with regard to implementation of a gender perspective in Côte d’Ivoire and Rwanda. These case studies point towards an empirical link between women’s inclusion in peace processes and the quality of peace finally achieved. Prof. Hudson warned that inattention to the differential needs of both women and men during conflict and in the post-conflict reconstruction phase may perpetuate the violence discourses which sustained the conflict in the first place.

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