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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

2010 World Cup: An opportunity for nation-building
2010-05-11

Pictured from the left, front are: Prof. Labuschagne and Prof. Cornelissen. Back: Prof. Kersting, Prof. Teuns Verschoor (Acting Senior Vice-Rector: UFS) and Dr Ralf Hermann (DAAD).
Photo: Mangaliso Radebe

“The 2010 FIFA World Cup creates a window of opportunity for nation-building in South Africa that could even surpass the opportunity created by the 1995 Rugby World Cup.”

This was according to Prof. Pieter Labuschagne from the University of South Africa, who was one of the three speakers during the lecture series on soccer that were recently presented by the Faculty of the Humanities at the University of the Free State (UFS), in conjunction with the German Academic Exchange Service (DAAD), under the theme: Soccer and Nation Building.

Prof. Labuschagne delivered a paper on the topic, The 2010 Soccer World Cup in South Africa: Nation Building or White Apathy?, highlighting the critical issue of how sport in South Africa was still largely supported along racial lines.

“We are still enforcing the separateness of rugby as a sport for whites and soccer as a sport for blacks,” he said.

He said a high degree of animosity against soccer existed among whites because they felt rugby and cricket were being singled out by parliament as far as transformation was concerned. He said that could be the reason why a large number of South African whites still supported soccer teams from foreign countries instead of local Premier Soccer League teams.

“Bridging social context between different racial groups is still a major problem, even though patriotism is comparatively high in South Africa,” added Prof. Norbert Kersting from the University of Stellenbosch, who also presented a paper on World Cup 2010 and nation building from Germany to South Africa, drawing critical comparisons on issues of national pride and identity between the 2006 World Cup in Germany and the 2010 World Cup.

“Strong leadership is needed to utilize the opportunity provided by the 2010 World Cup to build national unity as former President Nelson Mandela did with the Rugby World Cup in 1995,” said Prof. Labuschagne.

Although acknowledging the power of sport as a unifying force, Prof. Scarlett Cornelissen, also from the University of Stellenbosch, said that, since 1995, the captivating power of sport had been used to achieve political aims and that the 2010 World Cup was no different.

Amongst the reasons she advanced for her argument were that the 2010 World Cup was meant to show the world that South Africa was a capable country; that the World Cup was meant to solidify South Africa’s “African Agenda” – the African Renaissance - and also to extend the idea of the Rainbow Nation; consolidate democracy; contribute to socio-economic development and legitimize the state.

“We should not place too much emphasis on the 2010 World Cup as a nation-building instrument,” she concluded.

She presented a paper on the topic Transforming the Nation? The political legacies of the 2010 FIFA World Cup.

The aim of the lecture series was to inspire public debate on the social and cultural dimensions of soccer.

DAAD (Deutscher Akademischer Austausch Dienst) is one of the world’s largest and most respected intermediary organisations in the field of international academic cooperation.
Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
11 May 2010
 

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