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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 on the right track with transformation - Fulbright scholars
2010-08-27

 
Pictured from the left, are: Dr Wilmore-Schaeffer, Rev. Dr Streets and Ms Leah Naidoo (Senior Administrator of the Institute).
Photo: Mangaliso Radebe

“I think the university is not only on the right track but can really become a model for how to negotiate certain difficult processes, such as transformation, within a short period of time. I think it can become a model, not just for other universities, but also for the world.”

This was said by Dr Rozetta Wilmore-Schaeffer, who together with Rev. Dr Frederick J. Streets, recently worked with the International Institute for Race, Reconciliation and Social Justice at the University of the Free State (UFS) as Fulbright specialists. They helped the institute come up with ideas in terms of making the changes that are necessary for the transformation of the university.

“There is a great deal that has already been done despite the sense of urgency and impatience, and I think there is a great deal more to be done,” said Dr Wilmore-Schaeffer.

“I think this sense of urgency comes from those who are involved in the process of looking at the destination, the place that they want to be at, and feeling that they are very far from it.”

During their visit here the two had numerous conversations with both staff members and students.

“I have been most impressed by the students who I think are ready to make changes in many different ways – I am talking about students of all racial groups and gender. The fact that they are referring to transformation as ‘their struggle’ shows that they are prepared to make changes,” said Dr Wilmore-Schaeffer.
She, however, cautioned that there were those who were still against transformation taking place at the university.

“I think there is still some resistance from some quarters on both sides of the fence and I would expect that at this point in time. I think what is really hopeful is that there are so many students who are ready to make the changes, who are making the changes, who are struggling with issues around making the changes; and I think that is really the hope for the university and the hope for the future,” she said.

“The resistance is complex,” added Rev. Dr Streets. “It is around a fear for the future, the loss of identity on the part of both black and white students, and the desire for cultural continuity amongst white students as well as amongst a variety of ethnic black students.

“The resistance is about learning that you are not the only kid on the block anymore and how you then overcome the feeling of realising that you are not the dominant person anymore and that your culture is not the dominant culture anymore.”

They have given a preliminary report of their findings to the Rector and Vice-Chancellor of the UFS, Prof. Jonathan Jansen, which will be followed by a more detailed report later on.
 

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