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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

Moshoeshoe film screened at UFS as part of transformation programme
2004-10-14

A ground-breaking documentary film on the life and legacy of King Moshoeshoe I, the founder of the Basotho nation, will be screened at the University of the Free State (UFS) tonight (Wednesday 13 October 2004) at 19:00.

Rector and Vice-Chancellor of the UFS, prof. Frederick Fourie, said the UFS commissioned the documentary as a practical demonstration of the university’s commitment to the continued transformation of the campus and the creation of a new inclusive institutional culture for all staff and students.

It is part of a larger UFS project to honour the Moshoeshoe legacy of nation-building and reconciliation and to explore his role as a model of African leadership.

The documentary tells the life story of the legendary king, with emphasis on his remarkable leadership skills, his extraordinary talent for diplomacy and conflict resolution and his visionary commitment to creating a new nation from a fragmented society.

Almost all the filming was done on or around Moshoeshoe’s mountain stronghold, Thaba Bosiu.

The last part of the documentary explores the lessons for African leadership to be learnt from Moshoeshoe. The hour-long documentary film was produced by the well-known journalist Mr Max du Preez and was commissioned by the UFS as part of its centenary celebrations.

“Through this documentary film about King Moshoeshoe, the UFS commits itself to developing a shared appreciation of the history of this country,” said prof. Fourie.

“King Moshoeshoe was a great African statesman and leader. He was born in this region of the country, but his influence and legacy extends way beyond the borders of the Free State, Lesotho and even way beyond the borders of South Africa,” said prof. Fourie.

As part of the larger project, the UFS is investigating a possible annual Moshoeshoe memorial lecture that will focus on African leadership, nation-building and reconciliation, possible PhD-level research into the life and legacy of King Moshoeshoe and a literary anthology including prose and poetry.

“We must gain a deeper understanding of what really happened during his reign as king. Therefore the University of the Free State will encourage and support further research into the history, politics and sociology of the Moshoeshoe period, including his leadership style,” said prof. Fourie.

According to prof. Fourie the Moshoeshoe project will enable the UFS to give real meaning to respect for the diversity of our languages and cultures, and the unity South Africans seek to build as a democratic nation through such diversity.

According to the producer of the documentary, journalist Mr Max du Preez, the UFS deserves credit for recognising this extraordinary man and for financing this important documentary.

Du Preez said: “It was about time that South Africa rediscovered Moshoeshoe. Colonialist and Afrikaner Nationalist historians have painted him as a sly, untrustworthy and weak leader. Most historians have preferred to glorify leaders in South Africa’s past who were aggressors and conquerors. In the process most present-day South Africans came to regard Moshoeshoe as a minor tribal figure.”

“Yet this was the man who broke the cycle of violence, famine and suffering during the traumatic time in central South Africa in the early 1800s. During the entire 19th century, Moshoeshoe was virtually the only leader in South Africa who did not answer violence with violence, who did not set forth to conquer other groups and expand his land,” said Mr du Preez.

“I have no doubt that the stability that the Free State region has enjoyed over more than a century was largely due to Moshoeshoe’s leadership and vision. He can quite rightly be called “The Nelson Mandela of the 19th Century,” Mr du Preez added.

Explaining the title of the documentary film, Mr du Preez said: “We decided to call the documentary “The Reniassance King” because whichever way one looks at it, Moshoeshoe symbolised everything behind the concept of an African Renaissance.”

“He was progressive, just and fair; he deeply respected human life and dignity (we would nowadays call it human rights); he embraced modernity and technology without ever undermining his own people’s culture or natural wisdom; he never allowed European or Western influence to overwhelm him, make him insecure or take away his pride as an African,” said Mr du Preez.

“Moshoeshoe was the best of Africa. If only contemporary African leaders would follow his example of what African leadership should be,” Mr du Preez said.

Among the interviewees in the film were Lesotho’s most prominent historian, Dr LBBJ Machobane, the head of the UFS’s Department of History, prof. Leo Barnard, Moshoeshoe expert and Gauteng educationist Dr Peter Seboni, Lesotho author and historian Martin Lelimo and Chief Seeiso Bereng Seeiso, Principal Chief of Matsieng and direct descendant of the first King of the Basotho.

The documentary film on King Moshoeshoe will be screened on SABC 2 on Thursday 4 November 2004.
 

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