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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 receives research grant focusing on enablement of non-profit organisations
2011-01-20

 
Prof. Mabel Erasmus

The University of the Free State (UFS) has received a research grant to the value of R1,1 million from the National Research Foundation (NRF) to conduct research on community engagement, with the emphasis on knowledge as enablement – a Non-Profit Organisation (NPO) focus.

This was the first time the NRF had requested applications for research with a focus on community engagement (CE). With the grant, the UFS has become one of the first recipients of a research grant that focuses on community engagement.

The overarching research question that will be dealt with is how Higher Education Institutions (HEI) and the NPO sector can establish long-term, research-based collaborative engagements that will be mutually empowering and enabling through joint, reciprocal knowledge-based activities and capacity building.

The contention that this proposal is based on, is that HEIs have limited knowledge of the NPO sector and thus are unable to be fully responsive to the challenges that NPOs face. What is more, it is very likely that staff and students from HEIs do not have an adequate grasp of the experiential understanding, contextual community knowledge and practical know-how that NPO practitioners have, and hence do not appreciate the crucial contributions that they can make with regard to meaning-making processes aimed at improving some of the harsh South African realities.

According to Prof. Mabel Erasmus, Associate Professor and Head of the university’s Division: Service Learning, which submitted the research proposal to the NRF and is the grant-holder, the university would like the information generated by the research to be beneficial to both HEIs and the NPOs. “Knowledge regarding NPOs, specifically their challenges and information about what they are doing, will be invaluable to HEIs. At the same time, the research must benefit the NPOs with knowledge to improve their practice and strengthen their functioning.

“The research will take place in close collaboration with the NPOs, as their inputs are crucial. The research will thus not be ‘about’ them but ‘with’ them.”

“We do not want to send our students for community-based education or as volunteers to NPOs year after year and it does not mean as much to them as these organisations would hope for. With the research process we would like to strengthen NPOs, to build their capacity and give them our whole-hearted cooperation,” she said.

Funding received from the grant will be applied over a period of three years. Except for the study grants for five Ph.D. students and four master’s students, the grant will further make provision for a number of workshops, a local conference, a publication and presentations at international conferences on this matter. The research team of 22 persons includes academics from other HEIs such as the Central University of Technology, University of Zululand, University of Johannesburg and Monash SA. Several staff members of NPOs also form part of the team, including REACH (Bfn), Childline (FS) and others.

Prof. Erasmus said that the UFS was one of a few institutions that were currently conducting research to this extent on the link between the NPO sector and HEIs within the field of community engagement.
 

Media Release
18 January 2011
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

 

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