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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

Teacher professionalism and status under Commonwealth radar
2010-03-26

 
From the left are: Ms Simone De Cormarmond, Chairperson: Commonwealth Foundation; Prof. Jonathan Jansen, Rector and Vice-Chancellor, University of the Free State (UFS); Mr Samuel Isaacs, CEO: SAQA; and Dr Carol Anne Spreen, Lecturer at the University of Maryland, USA).
Photo: Ian van Straaten


International delegates attending the 5th Annual Commonwealth Teacher Research Symposium held at the University of the Free State (UFS) in Bloemfontein this week unanimously agreed that more research still had to be done on issues of recognition, registration and standards affecting teachers and teaching across Commonwealth countries.

This two-day gathering of researchers, officials and representatives of regional international organisations and higher education institutions agreed that issues of teacher migration, the professionalism of teachers, teacher preparation and the use of teaching standards, as well as the comparability and recognition of teacher qualifications should be further researched.

The delegates agreed on the following based on the research and data that were presented and shared with all the participants:

Teacher migration is recognised as an increasing global phenomenon that requires ongoing research in the Commonwealth.
Recognising that inequalities and differences within and across Commonwealth countries exist, and considering that fair and ethical treatment in the international recruitment of teachers is an important cornerstone of the Commonwealth Teacher Recruitment Protocol.

Teacher training, the recognition of teacher qualifications, the professional registration of teachers and the development of professional teacher standards should be actively encouraged through ongoing pan-Commonwealth research.

An increased acknowledgement of the role of the professionalisation of teachers through an improved understanding of teacher qualifications and standards.
There should be a specific research focus on teacher preparation and the use of teaching standards.

An increased comparability and recognition of teacher qualifications across Commonwealth countries should be actively encouraged.
Advocacy of teachers’ rights, effective protection of the vulnerable teacher, and appropriate strategies should be promoted to uplift the status of teachers and teaching as a profession.

The Commonwealth Teacher Recruitment Protocol, amongst other things, aims to balance the rights of teachers to migrate internationally against the need to protect the integrity of national education systems, and to prevent the exploitation of the scarce human resources of poor countries.

Delivering his keynote address at the symposium, the Rector and Vice-Chancellor of the UFS, Prof. Jonathan Jansen, decried the quality of professional qualifications in South Africa.

“We have become very good at manufacturing outcomes. We actually have become very good at giving an impression of having achieved particular outcomes without having achieved them at all,” he said.
“So what does it mean to talk about outcomes in an unequal country with unequal resources? What does it mean to talk about qualifications when we do not trust the outcomes?”

He suggested that the teaching profession should be subjected to a peer review mechanism and that the practice of setting minimum standards should be dealt away with because it results in minimum outcomes.

Dr Carol Anne Spreen, lecturer at the University of Maryland in the USA, proposed that countries should improve the quality of their own teachers instead of importing teachers from other countries.

The research symposium was organised by the Commonwealth Secretariat and hosted by the South African Qualifications Authority (SAQA) and the UFS.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
26 March 2010

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