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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

All activities on UFS Bloemfontein and Qwaqwa Campuses postponed until Monday 26 October 2015
2015-10-22

All academic and administrative activities on the Bloemfontein and Qwaqwa Campuses of the University of the Free State (UFS) have been postponed until Monday 26 October 2015.

UFS students joined the national protests against the increases in class and study fees at universities across the country on Tuesday 20 October 2015.

All campuses of the UFS were closed down on Wednesday 21 October 2015 and a court interdict was granted the same day against conduct by anyone who intends to damage the property of the university or who interferes with the rights of others.

Additional security measures have been implemented at all residences on the Bloemfontein Campus today, and no acts of violence or intimidation have been reported in residences. The situation on the Bloemfontein Campus grounds is monitored carefully to ensure calmness.

Messages doing the round on social media today that management agreed to a 0% increase in fees in 2016 are not true. The university management are continuously communicating with the Student Representative Council (SRC), while working incessantly to restore peace and stability on the Bloemfontein Campus.

“Although the university management supports the right of students to protest, it has a responsibility towards the university community to ensure the safety of property and people, as well as the rights of other students who do not feel inclined to participate in this movement. The university management calls on non-protesting students to remain calm and to refrain from getting into any confrontation with protesting students. This is a trying time for universities across the country, and the main concern of the UFS management is to maintain stability on the campuses,” says Prof Nicky Morgan, Acting Rector of the UFS.

 “We are committed to working together as institution in finding viable solutions to the plight of poor students at our university. The university management is also committed to participate in national initiatives to revise the manner in which universities are funded,” says Prof Morgan.

Information about the predicates and upcoming exam will be shared with students on the various communication platforms of the university on Friday 23 October 2015. Students who had to write tests or exams, but could not do so due to the protest action, will not be prejudiced.

 
Released by:
Lacea Loader (Director: Communication and Brand Management)
news@ufs.ac.za
+27(0)51 401 3422
+27(0)83 645 2454


Facebook message from UFS SRC (26 October 2015)

UFS welcomes Pres Jacob Zuma’s statement about 0% increase in tuition fees for 2016 (23 October 2015)

UFS postpones examinations to Monday 2 November 2015 (23 October 2015)

Letter to students from Prof Jonathan Jansen about student protest actions at the UFS (22 October 2015)

UFS obtains court interdict against protesting students - classes will resume on 22 October 2015 (21 October 2015)

UFS management closes down all three campuses on 21 October 2015 (20 October 2015)

UFS responds to concerns around high costs of higher education (Letter from Prof Jonathan Jansen -19 October 2015)


 

 

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