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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

Nigeria’s Boko Haram: Why negotiations are not an option
2014-10-23



There has been much speculation if the recently announced ceasefire in Nigeria as well as talks with Boko Haram will indeed secure the release of about 200 girls kidnapped by this religious militant group.

Talks already started between the government and Boko Haram but there are still doubts if the girls will be freed and if the Nigerian government can successfully negotiate with Boko Haram. Prof Hussein Solomon, Senior Professor at the University of the Free State, regards this current negotiations as a terrible idea.

“At a time when Boko Haram’s strength is escalating, the correlatory weakness of the Nigerian government is increasingly exposed. As Nigerians prepare for the next presidential elections, embattled President Goodluck Jonathan is increasingly desperate to negotiate with Boko Haram to secure the release of schoolgirls seized by the terrorists earlier this year and to negotiate a ceasefire. This is a terrible idea. It makes a mockery of the rule of law and of the thousands of innocent victims of the militant violence. More importantly, it will only serve to fuel the terrorists’ ambitions further as the powerlessness of the government is exposed.”

Prof Solomon says religious intolerance is on the rise on the African continent, with a concomitant rise in terrorist incidents. In Algeria, extremist terrorism carries the name of Jund al Khilafah or Caliphate Soldiers in Algeria. In Mali it is Ansar Dine or Defenders of the Faith. In Somalia it is Al Shabaab (The Youth). But none of these organisations come close to the carnage wrought by Nigeria’s Boko Haram (literally meaning Western education is forbidden).

Boko Haram has carried out more than 1 000 attacks since 2010, which has resulted in the deaths of 10 000 people and a further 6 million affected by this terrorist violence. The 300 000 Nigerian refugees who have fled this tsunami of terrorism and have sought refuge in neighbouring Cameroon, Chad and Niger, provide adequate testimony to the human costs of such terrorism. Boko Haram, meanwhile, has formed tactical alliances with Al Qaeda in the Islamic Maghreb, Al Shabaab and the Islamic State in Iraq and Syria (ISIS), which means that the groups are sharing intelligence, tactics and material support. This cooperation has also resulted in increasingly sophisticated terror attacks mounted by Boko Haram.

Read more about Prof Solomon and his research.


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