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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

Institute for Reconciliation and Social Justice: cultivating humanity
2014-12-15

Directors of university centres focusing on Social Justice, Diversity and Transformation met at the UFS to establish the Directors' Forum. The forum discussed the state of higher education transformation in South Africa  The forum consists of (from the left) Mr Allan Zinn from the The Centre for the Advancement of Non-racialism and Democracy at the Nelson Mandela Metropolitan University, Profs Melissa Steyn from Wits University's Centre for Diversity Studies,  Andre Keet Director of the The Institute for Reconciliation and Social Justice at the University of the Free State; Rozena Maart  from The Centre for Critical Research on Race and Identity  at the University of KwaZulu Natal and Mr JC van der Merwe, researcher at the UFS Institute for Reconciliation and Social Justice
Photo: O'Ryan Heideman

The Institute for Reconciliation and Social Justice at the University of the Free State (UFS) provides a critical space that brings different voices, ideas and practices together to advance the Human and Academic Projects of the university. Students, staff and community members meet here to find ways to engage with diverse views, realities and aspirations.

“We cultivate humanity so that reconciliation and social justice can be expressed in our everyday life and we work against disrespect and inequalities on our campuses and in our society,” says Prof André Keet, Director of the Institute for Reconciliation and Social Justice.

“Through our various critical conversations, public lectures, seminars and colloquia, fresh understandings and ideas come to the fore and new inclusive ways of doing life in a local and global multicultural society are invented,” Prof Keet says. A host of international experts formed part of the institute’s events during 2014.

Dr Charles Alexander (University of California), Prof Halleh Ghorashi (Vrije Universiteit Amsterdam), Prof Alex Hinton (Rutgers University), Dr Shirley Anne Tate (University of Leeds) and Prof Susan Spearey (Brock University) were but a few of the international experts contributing to the work of the institute during the last year.

“We play key roles in transformation debates within Higher Education South Africa (HESA) and ministerial processes,” Prof Keet says. “We promote, protect and monitor human rights across our campuses and are frequently requested to support the work of the South African Human Rights Commission and to provide advice to other state agencies.”

The institute prides itself on their leading-edge research on social cohesion, reconciliation, human rights and higher education transformation. In addition, staff of the institute teaches, on invitation, at various faculties, as well as at other national and international universities.

To further bolster their impact, the institute is launching three master’s and doctoral postgraduate programmes in January 2015.

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