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06 August 2025 | Story Tshepo Tsotetsi | Photo Born2Shoot
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’s Unit for Children’s Rights instrumental in helping human trafficked victim
2010-03-29

Adv. Beatri Kruger.
Photo: Leonie Bolleurs
“Wheeling and dealing is part of our daily life. But what if the ‘product’ bought or sold is not a spanner or a cell phone, but a living human being? Disturbing news came to the fore... apart from other places in the country, and for that matter all over the world, it was discovered that people are treated like commodities here in Bloemfontein as well,” said Adv. Beatri Kruger from the Unit for Children’s Rights at the University of the Free State (UFS).

Adv. Kruger was instrumental in completing and availing the first comprehensive Research Report on Human Trafficking in South Africa to the public on 23 March 2010. As a member of the Reference Group advising on interim research reports on human trafficking, she contributed to the report. The report proves to be an extremely valuable tool for, among others, government departments and non-governmental organisations that use it as a guideline in planning interventions to combat human trafficking.

The Unit for Children’s Rights is also one of the founding members of the Free State Human Trafficking Forum (FHF). To react on and fight the disturbing reality of human trafficking more efficiently, a number of concerned role players such as Child Welfare and other non-governmental organisations, police officials, prosecutors, social workers, health practitioners, private businesses, churches and community organisations joined forces and formed the FHF. The Unit for Children’s Rights hosts monthly meetings at the UFS to facilitate the coordination of this multi-disciplinary counter-trafficking team.

Adv. Kruger is very excited about some of the successes of the FHF; such as the story of Soma (not her real name). This Indian woman was recruited in India by an Indian couple who are staying in South Africa, by promising her a good job in South Africa. However, instead of finding the promised job, Soma was extensively exploited for labour purposes. With the help of a “good Samaritan” she managed to escape from the perpetrators and fled to the police. Soma was removed to ensure her safety and accommodated in a safe place in Bloemfontein. Counselling and other services were rendered to her by an organisation which is also a member of the FHF. One of the challenges facing Soma and the service providers was that Soma speaks a foreign dialect and for weeks a trusted interpreter could not be found.

This obstacle rendered communication with her to the bare minimum. The perpetrators were arrested but unfortunately the new comprehensive counter-trafficking law is not in force yet. Therefore the perpetrators could only be convicted of some offences in the Immigration Act. However, due to good police investigation followed by shrewd consultations, the perpetrators agreed to pay for the victim’s return flight to India as well as for the flight ticket of the investigating officer to escort her to safety. The Unit for Children’s Rights did networking with Ms Maria Nikolovska of the International Organisation for Migration (IOM), who agreed to assist in the safe reintegration of Soma in India. Soma is now on her way back home.

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