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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

Middle East activists speak about peace on the Bloemfontein Campus
2012-03-15

 

Bassem Eid (left) and Benjamin Pogrund discuss the situation in the Middle East.
Photo: Johan Roux
15 March 2012

Peace is a big word in the Middle East, particularly amongst Israelis and Palestinians. After years of conflict, people yearn for peace; they want an end to the killings and the uncertainty. The problem is that both sides are actively doing things that undermine the prospect of peace. There is also double talk, lies and evasion with each side pointing fingers. This was the word from Benjamin Pogrund, an Israeli peace activist, addressing staff and students on the Bloemfontein Campus of the University of the Free State. He and fellow peace activist Bassem Eid, a Palestinian, visited the campus to speak about the situation in the Middle East.

Both men agreed that peace efforts were hindered by the Israeli and the Palestinian leaders. According to Pogrund, neither the Palestinians, nor the Israelis are leading the way in accepting that the conflict must end.
 
“Both Israeli and Palestinian leaders say let us get together with no pre-conditions. Then the Israeli leaders say, Jerusalem we cannot share, that is not for negotiation. And, they say to the Palestinians you must recognise Israel as a Jewish state. So, what they say is unless you agree to these pre-conditions there can be no talks without pre-conditions.
 
“And the Palestinians in turn say the settlement construction must cease immediately, and unless that happened, there is no point in meeting. And they say we will never acknowledge you as a Jewish state so do not even bother talking about it. And we insist on the right of return of Palestinian refugees. So they also say unless you acknowledge these pre-conditions there is no point in meeting with our pre-conditions. So as you can gather each side blames the other side, each side points the finger and says you are responsible for the lack of progress.”
 
Pogrund said both the Israelis and the Palestinians could demand legitimacy in that part of the world.
 
“Both Jewish and Arabs can say we have history on our side. We have religion on our side, culture.”
 
To compare Israel to Apartheid South Africa is wrong, he said.
 
“It is an occupation, it is repression, but it is not Apartheid.”
 
Eid, who is the director of the Palestinian Human Rights Monitoring Group, said the Palestinians were close to having a complete independent Palestinian state from 1994 to 1999.
 
“But in one rocket former Israeli Prime minister Ariel Sharon destroyed it.”
 
He said Israel’s disengagement from the Gaza Strip in 2005 did not bring political unity.
 
“We, the Palestinians, were supposed to start building the infrastructure of the Gaza Strip but unfortunately Hamas started dancing on that Israeli disengagement and considered it as their own success because of their military resistance against the occupation.” He also said Hamas is satisfied with its hold in the Gaza Strip and Fatah is also very satisfied with its hold in the West Bank. According to Eid, it is convenient for the Israelis that the Palestinians are separated.

 

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