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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

JN Boshoff Memorial Lecture: Dr Charles Nwaila
2005-09-13

Dr Charles Nwaila, Director-General of the Free State Provincial Government and Vice-Chairperson of the University of the Free State's (UFS) Council, recently discussed the repositioning of the Free State Provincial  Government to respond to the 21st century demands during the JN Boshoff Memorial Lecture at the UFS. 

 

 

From left:  Dr Nwaila; Prof Tienie Crous, Dean:  Faculty of Economic and Management Sciences; Prof Frederick Fourie, Rector and Vice-Chancellor and Dr Moses Sindane, Departmental Chairperson:  Department of Public Management at the UFS.
 

A summary of the lecture.

Free State government to focus on training of public servants

The Free State provincial government in collaboration with higher education institutions in the province is to establish the Free State Association of Public Administration to get public servants to work effectively towards the growth and development of the province.
This was announced by the Director-General of the Free State provincial government, Dr Charles Nwaila, during a lecture he delivered at the University of the Free State (UFS) in Bloemfontein this evening (Thursday 8 September 2005).

Delivering the annual JN Boshoff Memorial Lecture at the UFS, Dr Nwaila called on higher education institutions to play a critical and leading role in the re-engineering of the existing Provincial Training and Development Institute housed at the Vista campus of the University of the Free State in Bloemfontein.

Dr Nwaila was formerly the Superintendent-General (head) of the Free State Department of Education and currently serves as the Deputy Chairperson of the Council of the University of the Free State.
He said the proposed Free State Association of Public Administration is a joint initiative with the National Academy of Public Administration based in Washington DC.

“We take this opportunity to invite the University of the Free State and other knowledge based institutions to join the Provincial Government in fostering a collaborative network to help us develop our public servants,” Dr Nwaila said.
He said there were accelerating demands and a lot of pressure on limited resources, with Free Staters expecting more from their government than ever before.

“Civil servants in a developmental state are servants of the people, champions of the poor and the downtrodden and not self-serving individuals that seek only advancement on the career ladder,” Dr Nwaila said.
According to Dr Nwaila, the Free State Growth and Development Strategy has identified 11 areas that need to be addressed by the year 2014, including:

• To reduce unemployment from 38% to 20%
• To improve the functional literacy rate from 69,2% to 85%
• To stabilize the prevalence rate of HIV and AIDS  and reverse the spread of the disease
• To provide a free basic service to all households
• To provide adequate infrastructure for economic growth and development


Dr Nwaila said that the Free State government will continue to follow a people-centred approach towards these development objectives with a keen sense of unity and unwavering determination to create the best of times for the Free State and all its people.


 

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