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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

Housing strategy must accommodate special needs
2005-10-17

Dr Mark Napier of the Council for Scientific and Industrial Research (CSIR) 

South Africa’s housing strategy must give attention to people with special needs, including people with disabilities as well as people living with HIV / AIDS and those in poverty.

This was the view expressed by Dr Mark Napier of the Council for Scientific and Industrial Research (CSIR) during his recent presentation to the Housing Research Day organised by the Centre for Development Support (CDS) at the University of the Free State (UFS).

Dr Napier previously worked in the national Department of Housing and was involved in shaping the recently launched “Breaking New Ground” housing strategy of Minister Lindiwe Sisulu. 

He said the changing social and demographic trends in South African society, especially after 11 years of democracy, required more flexibility in housing delivery to address the housing needs of different groups of people.  “For example, there are people who wish to or may be required to be spatially mobile because of their work or other reasons. There are also those communities who are vulnerable to disasters,” he said.

According to Dr Napier, housing delivery faced a number of challenges which needed to be addressed, including:

  • the withdrawal of larger construction firms
  • perceptions of low profit margins in the private sector
  • the slow process of developing an emerging contractor sector
  • access to bridging and other finance
  • the ability to retain capacity and expertise mainly at municipal level
  • the acquisition of well located (especially inner city) land

Dr Napier said the new housing strategy – which is called “Breaking New Ground” – tries to go beyond the provision of basic shelter to the establishment of sustainable settlements. It is also tries to be more responsive to housing demand rather than being supply led.

 The new strategy also allows for greater devolution of power to municipalities in the provision of housing, through accreditation to manage subsidies, Dr Napier said. 

He said a survey of people who had benefited from government’s housing programme had shown mixed results, with beneficiaries reporting a sense of security, independence and pride.  Although the location of the houses was poor and there were increased costs, most beneficiaries said they were better off than before, according to the survey.  Beneficiaries also highlighted the problem that they had very little personal choice between houses, sites or settlements.

There was also the perceived failure of developers and municipalities to repair defective houses or adequately maintain settlements, the survey found.
Many beneficiaries also reported that they felt unsafe in their settlements as well as in their own houses.

Prof Lucius Botes, the director of the Centre for Development Support, said the research day highlighted the Centre’s ability to interact with real problems faced by communities, by government, the private sector and civil society.  “This is how we can ensure that the UFS is engaged through our research with our people’s problems and challenges and enables the UFS as a place of scholarship to assist in finding solutions,” Prof Botes said.

Media release
Issued by:Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
17 October 2005   
 

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