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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

Centenary celebrations of Faculty of Law reach a highlight
2009-11-19

At the occasion were, from the left: the Honourable Judge Ian van der Merwe; the Honorable Judge Faan Hancke; former Judge of Appeal Joos Hefer; and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.
Photo: Stephen Collett


The Faculty of Law at the University of the Free State (UFS) reached the highlight of its celebrations of a century of excellence in legal education, training and research under the theme “Iurisprudentia 100” at a gala dinner held on the Main Campus in Bloemfontein last week.

At this spectacular occasion Prof. Johan Henning, Dean of the Faculty handed a Cum Laude award to Judge Faan Hancke, Chairperson of the UFS Council and Extraordinary Professor in the Department of Law of Procedure and Law of Evidence. Judge Hancke is the fourth recipient of this award. Judge Hancke received the award for his excellent contributions towards the building of the Faculty of Law and the UFS.

According to Prof. Henning the faculty has a distinguished history of excellence in theoretical as well as practical education and training, which can be traced as far back as to the establishment of the Grey University College in 1904. During this modest beginning the seed was planted for the establishment of the Faculty of Law, which gained momentum when Bloemfontein became the judicial capital of South Africa in 1910.

Other highlights in legal education at the UFS include, amongst others, 1909 when Adv. Percy Fisher, a BA LLB graduate from the University of Cambridge became the first law lecturer to receive a permanent appointment. In 1918 the first LLB degrees were awarded to SP le Roux, later Minister of Agriculture, CR Swart, later Minister of Justice, Governor-General, State President and the first Chancellor of the UFS, and Walther Leinberger, an attorney in town.

In 1945 Law became an independent faculty and in 1948 the first full-time professor, Dr JP Verloren van Themaat was appointed. After Prof. Van Themaat, six deans followed before the appointment of Prof. Henning.

Over the last ten years the faculty has managed to build many international contacts with international leaders in the legal arena, including the Universities of London, Cambridge, Sussex, Tilburg, Kentucky, Heidelberg, Freiburg, Utrecht and Deacon.

The faculty prides itself on the fact that he has prepared many students as well as lecturers who later became presidents, ministers, administrators, judges of appeal, judges and rectors. The faculty has 95 staff members and 2 400 students, of which 1 800 are postgraduate students.

National as well as international leaders in the legal field congratulated the faculty on its 100-year celebrations. Messages of congratulations were also received from, amongst others, universities, legal practices and the government.

Media release
Issued by: Lacea Loader
Deputy Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
18 November 2009
 

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