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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

Doing what must be done – Fourth Reconciliation Lecture by Colm McGivern
2015-03-17

Colm McGivern
Photo: Johan Roux

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Fourth Reconciliation Lecture: Audio

McGivern: speech (pdf)

The UFS Annual Reconciliation Lecture brings leaders, scholars, and the broader community together in a shared vision for social change and conflict transformation. This event is organised by Prof Pumla Gobodo-Madikizela, Senior Research Professor in Trauma, Forgiveness and Reconciliation Studies. In 2012, Nadine Gordimer, Nobel Prize Laureate for Literature, was the first speaker to deliver the lecture. This year, at the Fourth Annual Reconciliation Lecture held on the Bloemfontein Campus, Colm McGivern, Director of the British Council in South Africa, continued the legacy.

Doing what must be done
'I get down on my knees and do what must be done
And kiss Achilles' hand, the killer of my son.'
(Ceasefire by Michael Longley)

Using this poem to powerful effect, McGivern showed what reconciliation asks of each and every citizen: to do what must be done. “I think that peace and reconciliation are mutually dependent,” he said. “You can’t maintain one over the long run without attending to the other.”

South Africa’s history has tracked along a similar path to that of Northern Ireland. “And lessons from other places can be powerful and instructive,” McGivern said. Sometimes reconciliation needs a focal point for people to clearly see its power, as Madiba has for South Africa. But at other times, reconciliation needs everyday citizens to “kiss Achilles’ hand’”.

McGivern mentioned Candice Mama and her family, who  have recently forgiven Eugene de Kock,. Or as Gordon Wilson did after his daughter, Mary, died holding his hand in the 1987 Enniskillen bombing in Ireland. In a TV interview mere hours later, Wilson forgave the killers of his daughter, and  hope rippled across Ireland.

Learning from others
“People’s capability,” McGivern said, “to reconcile their own differences, however stark, can be boosted by learning from others in other places, internationally or perhaps just beyond their own identity group.” A powerful truth now being pursued in a joined initiative between the British Council and Teaching Divided Histories.

As an example, McGivern referred to the short film, ‘In Peace Apart’ where one Catholic and one Protestant girl decide to swop school uniforms. Harnessing the potential of moving images and digital media, the initiative enables teachers to explore contentious issues of history and identity in the classroom. This international field of conflict education draws lessons “from activities in Sierra Leone, India, Lebanon, and, of course, South Africa.”

Resuscitation of the national spirit of magnanimity
Here in South Africa, Archbishop Desmund Tutu has “called for a resuscitation of the national spirit of magnanimity and common purpose”, McGivern quoted. In the book, 80 Moments that Shaped the World, South Africa appears four times, McGivern pointed out. And as Archbishop Tutu wrote in the foreword of the book, “no act is unforgivable; no person or country is beyond redemption and the world needs more people to reach out to one another.”

 

For more information or enquiries contact news@ufs.ac.za.

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