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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

Living proof of transformation
2012-07-20

 Prof. Pumla Gobodo-Madikizela (middle) facilitated a dialogue with Archbishop Emeritus Desmond Tutu and Prof. Mark Solms on the Transformation in the Solms-Delta Wine Estate.
Photo: Johan Roux

18 July 2012

“We have the capacity to make a success of South Africa. We have incredible people who refuse to leave the country and want to make a difference.” This is according to Archbishop Emeritus Desmond Tutu who was speaking at the University of the Free State (UFS) today.

Dr Tutu took part in a dialogue with Prof. Mark Solms, owner of the Solms-Delta wine estate in Franschhoek.Prof. Solms is also an A-rated scholar and the Head of the Department of Psychology at the University of Cape Town.The theme of the dialogue was “Living Reconciliation: Winds of Change in Franschhoek and Transformation at Solms-Delta Wine Estate”.

Prof. Solms led an initiative to transform the lives of farm workers on the estate through the Wijn-de Caab Trust. This initiative was extended to empower the wider community of farm dwellers when Prof. Solms co-founded the Delta Trust and the Franschhoek Valley Transformation Charter.

The dialogue was the second in the Dialogue between Science and Society series and was facilitated by Prof. Pumla Gobodo-Madikizela, Senior research professor on Trauma, Forgiveness and Reconciliation at the UFS. The Dialogue series aims to inspire new ways of thinking about responsible citizenship. It also highlights the unique and important ways of engaging with the critical issues of social equality, social justice, social transformation and reconciliation in South Africa.This morning Dr Tutu said the work done in the Franschhoek community is proof that people cannot prosper alone if others are also not prospering. “We belong together. Why did it take us so long to realise it? South Africans have the capacity to make South Africa a better place. It is unacceptable that people go hungry and go to school under trees. It is unacceptable that they still have no books in the third term, and that the pass rate is 30%.

“Is this why we struggled, why people died? We want to go to our graves smiling… we will not be allowed peace and stability if we do not attend to the problems.”

Prof. Solms said the miracle of the political transformation did not trickle down to the people. A lot has been done, but much more needs to be done. “It can only be done by us. It is not the government’s responsibility. The way we live as a result of apartheid is that we are a deeply divided society. We must recognise this and do something to change it.”

He encouraged people to think “small”. An individual cannot change the whole country, but the changes in his community are there to see.

Dr Tutu also congratulated the UFS on becoming a truly South African university, recognising the transformation of the past few years.

The dialogue was presented at the Global Leadership Summit that 250 students and academic leaders from 21 international universities are participating in. The summit runs until Friday 20 July 2012.
 

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