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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

Johann Naudé talks at first Beyers Naudé lecture for 2012
2012-08-02

At the event were, from the left: Ms Bontle Senne, Managing Director for the PUKU Children’s Literature Foundation, Mr Sipho Hlongwane, writer and columnist for the Daily Maverick, Prof. Nicky Morgan, Vice-Rector: Operations at the UFS, Mr Themba Mola, Chief Operations Officer at Kagiso Trust, Mr Johann Naudé, son of Dr Beyers Naudé, and Dr Choice Makhetha, Vice-Rector: External Relations.
Photo: Stephen Collett
2 August 2012

The University of the Free State (UFS) together withKagiso Trust, presented the first Beyers Naudé lecture for 2012 on its South Campus in Bloemfontein last week. Speakers like Dr Wilmot James, Member of Parliament, Mr Johann Naudé, son of Dr Beyers Naudé, Mr Sipho Hlongwane, writer and columnist for the Daily Maverick and Ms Bontle Senne, Managing Director for the PUKU Children’s Literature Foundation, all gave a lecture around this year’s theme: Collaborative partnerships for social cohesion: Building a nation with ethics.

Dr Beyers Naudé played a major role in the formation of Kagiso Trust. His contribution to the trust and the fight against oppression in South Africa, as well as his challenging of the establishment from which he came, makes him one of South Africa’s courageous heroes. Kagiso Trust thus saw it fit to celebrate the life of this clerical activist through a Memorial Lecture The Beyers Naudé Memorial Lecture is an effort by the Trust to engage South Africans into a dialogue about issues affecting our nation.

Mr Johann Naudé talked about the lessons they as children learnt from their parents as well as his father’s decision to respond to the needs of the people in South Africa. Even before the Sharpeville Massacre, Dr Naudé began a self-transformation that led to his rejection of apartheid. “Apartheid had no theological or scriptural grounds and my father decided to resign from the church. After that, he started to talk openly against apartheid and he also paid the price for that. For seven years he was under house arrest and we as his children also felt the effect of his decision. At the University of Pretoria in a residence where I stayed as a student I was called in and told that I would be treated as an outcast. Loans and jobs were also closed for us as children and as a result, we all started our own businesses,” Mr Naudé said.

“Furthermore, our parents taught us to believe in ourselves. He also said we have rights and we can only demand those rights if we take the responsibility that goes with it. My father also taught us to honour and to respect our fellow men, elderly people and the culture of people different from us. We were also taught to apologise for the wrongs to our fellow men and to acknowledge earnestly that we were wrong.”

Dr Wilmot James said that there were two things consistent in the life of Dr Beyers Naudé, namely justice and fairness. “There are many Nelson Mandelas and Beyers Naudés out there. It is the responsibility of political parties and institutions to motivate such leadership. We must ask ourselves: Are my actions and decisions ethical and will they have fair consequences?” Dr James said.

Mr Hlongwane focused his presentation on the ethics part of the theme. He said: “We in South Africa fall very short of ethics. We can start by respecting each other and taking care of one another. The Constitution will not mean a thing if we fail to respect and trust one another. We will have no cohesive society if we continue to treat those different from us like dirt. It is also our ethical duty to build up the disadvantaged.

In her discussion, Ms Senne emphasised the role of the youth in South Africa. “Our youth is failing our state because our state is failing our youth. Their role is to bring cohesion and acts of courageousness to the table. For them to contribute in a practical and sustainable manner, they need to start making the changes they want to see in society. They are young people and they can make it work because they do have access to the necessary means (social networks) to get things done. They must get involved,” she said.

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