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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

School of Medicine not closing
2009-10-22

There is no immediate threat that the University of the Free State’s (UFS) School of Medicine will be closing.

This was confirmed by Prof. Gert van Zyl, Head of the UFS’s School of Medicine and acting Dean of the Faculty of Health Science, following media reports that Prof. Andries Stulting has indicated in a meeting with other medical schools and parliamentary standing committee members that the School will have to close due to the serious problems in the health sector.

“This discussion should be seen in context. Prof. Stulting, in his capacity as acting Head of the School of Medicine, and on behalf of the School and the Faculty, sent a proactive warning to the Free State Health Department, the Member of the Executive Committee and the Premier of the Free State regarding the long-term consequences of the health crisis. This statement was not interpreted correctly. Everything that Prof. Stulting said has already been included in the position statement that the School released in May 2009. What is urgent, though, is that the problems that were identified at especially Pelonomi Hospital in May this year were still not addressed,” said Prof. Van Zyl.

According to Prof. Van Zyl, problems at Pelonomi Hospital include not enough beds, lack of funding for the health sector in the Free State and in some instances problems with filling vacant positions.

“Some of these problems have already been addressed by the Free State Department of Health. Our training platform includes not only Pelonomi Hospital, but also Universitas Hospital, National Hospital, the Free State Psychiatric Complex and several clinics in the Bloemfontein area. This means that there are other facilities available that function in order to provide appropriate training to undergraduate students. Therefore, training is not in immediate danger and the School will definitely not be closing,” he said.

“New first-year students will start their studies in 2010 and I can assure you that there will be adequate training opportunities to take in and train students. However, we do struggle with a bigger intake as requested by Government. I want to put Prof. Stulting’s remark in context: He referred to postgraduate students and therefore the specialists who are in training,” said Prof. Van Zyl.

According to Prof. Van Zyl the specialists in training is a problem that was discussed with the Free State Health Department – with specific reference to less time in operating theatres and the number of beds at Pelonomi Hospital. “We are of the opinion that, should the Department address this problem as a matter of urgency, there will be no long-term damage to the training of these specialists in training. These are the students that Prof. Stulting was referring to,” he said.

The School received more than 1 500 applications for undergraduate studies in 2010 – all of these applications met the minimum selection requirements for the 140 available places. “Our current undergraduate students are therefore not influenced and they will continue to receive the quality training for which the School is renowned,” he said.

Prof. Jonathan Jansen, Rector and Vice-chancellor of the UFS, is aware of this and he satisfied himself as to the situation when he visited the hospitals in Bloemfontein on Friday, 9 October 2009. The national Minister of Higher Education and Training, Dr Blade Nzimande, was also informed of the School’s concerns when he visited the UFS in September 2009.

Media Release
Issued by: Lacea Loader
Deputy Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za  

22 October 2009
 

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