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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 Council elects a new Chairperson
2009-11-22

Judge Ian van der Merwe

The Council of the University of the Free State (UFS) elected Judge Ian van der Merwe as its new Chairperson at its last meeting for this year on Friday, 20 November 2009.

Judge Van der Merwe is an alumnus of the UFS and has been a member of the Council since 9 March 2007. In accepting his appointment, Judge Van der Merwe said that he was honoured and humbled to lead a Council of this calibre. “I will always do what is in the best interest of the UFS and, together with the Council, I will work towards making it an autonomous institution of academic excellence that is non-racial, non-sexist, and where diversity is cherished,” he said.

The election of a new Chairperson and the term of the Chancellor were among the matters discussed during yesterday’s meeting.

Dr Franklin Sonn will retire as Chancellor on 31 December 2009 and the term of office of the current Chairperson of Council, Judge Faan Hancke, will also expire on 31 December 2009. Dr Sonn has been Chancellor since 7 February 2003 and Judge Hancke has been Chairperson of the Council since 1 June 2001.

“I am elated that someone of Judge Van der Merwe’s stature has been elected as Chairperson and will provide him with my full support,” said Prof. Jonathan Jansen, Rector and Vice-Chancellor.

The Council paid tribute to Judge Hancke for the time he dedicated to the UFS, as well as for his leadership, guidance and wisdom to take the institution to where it stands in the current phase of its history. The Council also recognised Judge Hancke for, amongst others, his decision to appoint Prof. Jansen as the first black Rector and Vice-Chancellor, for his role in the implementation of the Transformation Plan and the policy to increase diversity in residences at the UFS, as well as his contribution to the growth of black students.

Judge Hancke thanked the Council for their support and assistance during his term and congratulated Judge van der Merwe on his appointment. “I wish Prof. Jansen and his management team well and hope that they will have the wisdom to solve the problems the institution is facing so that they can focus on the core business of the UFS namely its academia. I know the University can make a tremendous contribution to the country,” he said.

The Council also welcomed the following new members who were present at the meeting: Mr Pule Makgoe, MEC for Education in the Free State; Mr Ndaba Ntsele, Chief Executive Officer of the Pamodzi Group and Mr Willem Louw, Managing Director of Sasol Technology.

The new Chancellor will be elected as soon as the proposed statute is approved by the Council in 2010 and published in the Government Gazette. Prof. Jansen will act as Chancellor for the interim period from 1 January 2010.

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  
21 November 2009
 

 

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