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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

UFS in joint venture with Empowerdex
2006-11-17

The University of the Free State (UFS) today became the first tertiary institution in the country to sign a joint venture agreement with Empowerdex, South Africa’s foremost black economic empowerment (BEE) ratings agency, to train BEE practitioners that will implement BEE across all sectors of the economy.
 
The agreement was signed by Mr Vuyo Jack, Executive Chairman of Empowerdex and Prof Frederick Fourie, Rector and Vice-Chancellor of the UFS.
 
Mr Jack and Mr Chia-Chao Wu, Managing Director of Empowerdex, will be appointed as visiting professors in the UFS School of Management as part of the joint venture.
 
“The joint venture entails the establishment of a transformation office within the Centre for Business Dynamics at the UFS which will administer training programmes and conduct contract research on BEE as well as the establishment of a verification agency within the UFS School of Management,” said Mr Danie Jacobs, Head of the Centre for Business Dynamics at the UFS.
 
“The verification agency within the UFS School of Management will be able to verify the BEE compliance of businesses in the Free State and Northern Cape,” said Mr Jacobs.
 
According to Mr Jacobs, the venture originates from the Department of Trade and Industry’s (DTI) directive to draft codes of good practice for businesses as stated in the Broad Based Black Empowerment Act 53 of 2003. The final codes will be announced shortly and will act as a standard framework for the measurement of broad based BEE across all sectors of the economy.
 
The codes comprise seven elements on which basis points are allocated to a business to determine its level of compliance to BEE. 
 
“The UFS is the only tertiary institution in the country which offers a formal certificate whereby BEE practitioners can be trained in order to ensure that they are competent to measure BEE,” said Mr Jacobs.
 
“Being able to utilise the UFS’ experience and expertise in the field of transformation is of great benefit to us and it will assist us in driving BEE in the country,” said Mr Jack. 
 
According to Mr Jack, the UFS is centrally situated, which will make it easy for BEE practitioners to access the appropriate training course to suit their needs. “The venture will have an impact not only on this region, but on the whole country as the extensive networks of both Empowerdex and the UFS will contribute to us reaching and training BEE practitioners,” said Mr Jack. 
 
The training programmes that will be offered by the transformation office within the UFS Centre for Business Dynamics are the Management Development Programme for BEE and Transformation, the Executive Credit Bearing Short Learning Programme and an online Non-Credit Bearing Short Learning Programme for BEE Specialists. 
 
“The expertise and knowledge that Empowerdex brings to the joint venture is invaluable. Empowerdex pioneered the empowerment methodology and has been actively involved in the drafting of broad based BEE legislation, regulations and transformation charters,” said Mr Jacobs.
 
Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell: 083 645 2454
17 November 2006
 

Being empowered: Mr Vuyo Jack, Executive Chairman of BEE ratings agency Empowerdex, and Prof Frederick Fourie, Rector and Vice-Chancellor of the University of the Free State (UFS). Empowerdex and the UFS signed an agreement to train practitioners that will implement BEE across all sectors of the economy.

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