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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

Triumph of the Human Spirit – a symbol of hope
2015-08-24

Ahmed Kathrada discusses his latest book, Triumph of the Human Spirit.
Photo: Johan Roux

“A triumph of courage and determination over human frailty and weakness; a triumph of the new South Africa over the old.” – Ahmed Kathrada

Ahmed Kathrada, stalwart of South Africa’s liberation struggle, visited the Bloemfontein Campus on 18 August 2015 to launch his latest book, Triumph of the Human Spirit. Turning page after page, the reader travels back with Uncle Kathy – as he is fondly known – to revisit Robben Island with the more than 300 guests he has accompanied since 1994. With each photo – be it a celebrity or school child, head of state or famous artist, friend or royalty – the significance of the island is eternalised, right alongside Ahmed Kathrada.

Message of triumph
“Why this specific title for the book?” Prof André Keet, Director of the Institute for Reconciliation and Social Justice (IRSJ), asked during the book launch. “Robben Island,” Kathrada answered, “should not be remembered only as a place of suffering – that’s history. But the message of Robben Island is the message of triumph – triumph of the human spirit over all sorts of adversities.”

Speaking about Kathrada’s quiet but profound impact, Zaakirah Vadi, editor of the book, said “I think Uncle Kathy does not realise what an inspiration his own strength of spirit is”. The fight for human values and dignity was “honed and perfected in the cells of Robben Island,” she said. “It created the vision for a new South Africa and, as Uncle Kathy puts it, the triumph of the new South Africa over the old.”

UFS surprises Ahmed Kathrada with a birthday cake.
Photo: Johan Roux

Freedom was sacrifice
This triumph was not achieved without a cost, though. “No freedom comes on a platter,” Kathrada said. “Freedom was fought for. Freedom was sacrifice. Through the sacrifices of those who did not survive, we are still here to tell the story.”

And that is exactly what Triumph of the Human Spirit does. As Kgalema Motlanthe writes in the foreword, “This book serves as a preservation of history and a symbol of hope.”

Birthday celebration
Just as the event seemed to come to a close, members of the Student Representative Council carried a candle-lit cake – shaped in the number 86 – toward Kathrada. This surprise was organised by the UFS to celebrate his birthday on 21 August 2015. And, as the audience cheered and sang, Kathrada’s smile spread like a light across the hall.

 

 

 

 

 

 

 

 

 

 

 

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