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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

Politicians must push economic integration within SADC, Mboweni
2009-08-31

The outgoing Governor of the Reserve Bank, Mr Tito Mboweni (pictured), believes that for economic regional integration to be realized among the Southern African Development Community (SADC) countries, the political leadership of the region should play a pivotal role.

Mr Mboweni delivered the CR Swart Memorial Lecture, the oldest lecture at the University of the Free State, on the topic: “Seeking greater political and economic integration in Southern Africa in challenging and turbulent financial times”.

He said the necessary macro-economic convergence accords must be put in place for regional integration to take place.

These accords, he said, should be supported by prudent fiscal policies, financial balances among SADC countries, and the implementation of policies which will minimize market distortions.

“In the crafting of the macro-economic policies of the region we have to ensure that market certainty is maintained,” he said.

He said as governors of central banks in the region they have agreed that to achieve these objectives they first have to attain a free trade area.

“When the proposals were drafted the idea was that in 2008 we should have achieved a free trade area,” he explained. “Now we are behind in that regard, meaning that a free trade area has been formally and officially declared but the implementation thereof is behind schedule.”

Mr Mboweni said they were supposed to have a SADC-wide customs union in 2010, a SADC common market in 2015 and a monetary union in 2016.

“In order for us to move towards the regional integration agenda it is clear that there has to be a far greater intra-African trade than is the case now,” he said.

“In Southern Africa most of the trade is with South Africa and the other countries do not trade much with or amongst each other.”

He also said because the South African currency is legal tender in countries like Lesotho, Namibia and Swaziland, they have developed a comprehensive set of proposals with these countries to deal with this matter.

“Our proposals basically center on the creation of a common central bank for South Africa, Lesotho, Namibia and Swaziland which, if created, would form a good basis for the establishment of a SADC-wide central bank.”

He said the macro-economic convergence criteria will not help achieve regional integration without the region’s political will.

“There has to be a commitment by the political leadership in Southern Africa to do the basic things that need to be done for the development of the region,” he said.

“That is where the notion of a developmental state must come in in support of these regional integration initiatives. There is no gain in just shouting developmental state if the basic issues supportive of development are not done.”

Mr Mboweni will leave the Reserve Bank in November this year.


Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt.stg@ufs.ac.za  
31 August 2009

 

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