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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 presents first Beyers Naudé Memorial lecture
2010-09-16

At the Beyers Naudé   Memorial lecture were, from the left: Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS; Rev. Cedric Mayson; and Mr Kgotso Schoeman, Chief Executive Officer of Kagiso Trust.
Photo: Dries Myburg

The seventh Beyers Naudé Memorial lecture was presented for the first time at the University of the Free State (UFS) this week. This lecture that is presented at a different university each year took place on the Main Campus of the UFS in Bloemfontein this year. Rev. Cedrick Mayson presented the lecture with under the theme: Crafting a legacy.

According to Rev. Mayson more deeply rooted forms of suppression came forward after the democratic elections in 1994. Liberation from apartheid was, according to Mason, very superficial. The poor were still severely suppressed at economic, political, cultural, religious and environmental level. “We have to apply Beyers Naudé’s legacy of liberation in these areas,” Rev. Mayson declared.

“The system according to which the rich become wealthier and the poor become poorer must be replaced by a system where everybody can have enough. This is only possible with the insight of the oppressed.

“The government and the opposition are dominated by people who seek advantage for their own gain. Regardless of democratic slogans and some enlightened individuals’ rules against corruption and violence, we lack the political will to engage in the transformation of the whole world for the good of all earthlings,” said Rev. Mayson.

According to him, consumer culture has become a fine-tuned instrument for keeping people incomplete, shallow and dehumanised.

“Religions are self-centred. Leaders from most of the religious groupings criticised apartheid but they never joined the struggle to assist in demolishing apartheid. It appears as if religious institutions are not able to address the causes of poverty because they themselves are too rich and too powerful,” said Rev. Mayson.

He ended with the following words: “What we need is a leap of faith. Beyers knew that. The world is waiting for people to claim their legacy and to accomplish a post-religious secular spirituality of ubuntu.”

Rev. Mayson is a former Head of Religious Affairs of the ANC. He had also been a former staff member of the Christian Institute before it was banned. Furthermore, he was the Editor of Pro Veritate. Before he retired, he had also been involved in the South African Council of Churches and the World Conference for Peace.

The memorial lecture, a collaborative effort of the UFS and Kagiso Trust, endeavours to involve South Africans in dialogue about issues that affect our nation. This year the lecture was presented at the UFS for the first time and it will take place on the Qwaqwa Campus of the UFS next year.

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

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