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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

UFS celebrates Kagiso Trust’s 30 years of commitment to the empowerment of impoverished communities
2015-07-15

From the left are: MEC Tate Makgoe, Free State Department of Education; Busi Tshabalala, Thabo Mofutsanyana Education District Director; Dean Zwo Nevhutalu,  Kagiso Trust Trustee  and UFS Director of Community Engagement, Bishop, Billy Ramahlele.
Photo: ?Thabo Kessah

Future sustainable partnerships in education will survive only if all partners are committed, honest, and transparent.

This is the view expressed by the Free State MEC for Education and UFS Council member, Tate Makgoe, during the panel discussion at the Qwaqwa Campus of the University of the Free State celebrating Kagiso Trust’s 30 years of commitment to the empowerment of impoverished communities. The topic was “The future partnership models for education in Africa”.

“Over the years, the partnership between the Free State Department of Education, the UFS, and Kagiso Trust has helped to expose the potential in our mainly rural children in the Qwaqwa area of the Thabo Mofutsanyana district,” said Makgoe.

”When we started in 2009, the matric pass rate in the district was 64%, and this rose to 87% in 2014. In Qwaqwa alone, we have managed to build 51 computer and 26 physical sciences laboratories. It was these laboratories that enabled the Free State to be the best performing province in the Physical Sciences in 2013,” added Makgoe.

“None of these achievements would have been possible if all the partners had not been committed to the course. Partnerships built on honesty and transparency are the best model, which we hope to export to other provinces and, indeed, countries,” Makgoe said.

Representing the UFS on the panel was the Director of Community Engagement, Bishop Billy Ramahlele, who added that collaborations can be successful only if the leadership was exemplary.

“As the university, we have had many collaboration with various government departments, and great strides have been achieved only with the Department of Education under the leadership of MEC Makgoe,” said Ramahlele.

”With the MEC on board, the UFS ended up dedicating its South Campus in Bloemfontein to supporting Free State schools. We now have 70 schools that benefit from live television broadcasts of lessons by some of our outstanding academics. This also enables our best academics to make a valued contribution to empowering our teachers. It also allows the university to maximise scarce resources to attain social cohesion,” he said.

In his remarks, Kagiso Trust Trustee, Dean Zwo Nevhutalu, said that Kagiso Trust was looking forward to continue working with its partners to maximise outcomes through limited resources.

“Kagiso Trust will continue to work with the poor and the marginalised and there is no better partner than the government itself. The government provides basic services, and education is one of them. This allows us to be innovative and not just dump books and equipment at schools because we are forced to by our corporate social investment obligations. Therefore, we challenge the government also to be innovative in building a sustainable future partnership model in education,” he said.

Among the dignitaries attending the panel discussion were Kagiso Trust Chairman, Dr Frank Chikane, and the late Dr Beyers Naude’s family.

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