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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

Government supports the UFS's transformation push
2009-09-04

The Minister of Higher Education and Training, Dr Blade Nzimande (pictured), has lauded the University of the Free State (UFS) for the progress it has made in increasing access for black students.

However, the minister also acknowledged that the UFS has failed in some respects to make important changes.

“The continued racial segregation of the hostels is something that is unacceptable 15 years after the introduction of a democratic order and has no doubt contributed to the kinds of attitudes that led to the notorious incident at the Reitz Hostel last year,” he said.

Dr Nzimande was delivering the JN Boshoff Commemorative Lecture on the Main Campus in Bloemfontein last night.

He said the Rector and Vice-Chancellor of the UFS, Prof Jonathan Jansen, has assured him that he will speed up this issue of residence integration and that he was confident he will do so successfully with the support of the overwhelming majority of the university community.

“He has my support in his new role and he will succeed in taking the university forward decisively along the path towards greater academic excellence and to serving its students and staff, the Free State province and South Africa as a whole, including its poorest and most disadvantaged citizens,” he said.

He said the UFS is an important national asset and “not an asset for some to the exclusion of others”.

“We will play our part as the Department of Higher Education and Training to support you in pursuing transformation, but we won’t keep quiet when we see that there are things that are developing that are actually undermining the realization of the UFS as a national asset,” he said.

Despite the fact that all our universities, he said, have policies in place to combat racism and discrimination, the Soudien Report shows that there is a disconnection between policy and actual discriminatory practice at universities.

“This is a serious problem because this disjuncture is not only because of the actions of maverick individuals on the ground, but includes the universities’ leadership, including even University Councils which are guilty of making policy in order to comply with legislation but expect that policy to be ignored in practice,” he said.

The Soudien Report is a Report of the Ministerial Committee on Transformation and Social Cohesion and the Elimination of Discrimination in Public Higher Education Institutions commissioned by the Department of Education last year.

Dr Nzimande also raised the fact that universities have neglected the Further Education and Training (FET) college sector in terms of research and teaching.

“There is not enough research by the universities on the FET college sector and yet this is the sector that we are prioritizing to absorb many of our young people who can’t make it to universities,” he said.

“We want to try and fight against this notion that in order to proceed in life university is the only place. We want to turn these FET colleges into colleges of choice and universities must help us, not only to research them but also to train FET colleges lecturers.”

He also announced that he will be calling a meeting of all the chairpersons of the Institutional Forums of the universities later this month as he feels that the role and status of these forums have been “eroded”.

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  
04 September 2009
 

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