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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

Student leaders reflect on post-Holocaust Germany and make connections to post-apartheid SA in study tour
2015-12-08

Njabulo Mabaso
Photo: Sam Styrax

“Our beloved South Africa (SA) has done quite a lot insofar as policy formulation to address the past imbalances is concerned. However, implementation has proven to be the biggest challenge.”

This is the view held by Nkosinathi Tshabalala, former Student Representative Council (SRC): Religious Affairs at Qwaqwa Campus of the University of the Free State (UFS), who was part of the Global Leadership Study Tour.

From 14 - 22 November 2015, a cohort of 37 outgoing SRC members studied through tours and seminars in Germany and Poland. The historical education trip was organised jointly by UFS Rector and Vice-Chancellor, Prof Jonathan Jansen, and the Student Affairs office. The study tour was supported and facilitated by the Johannesburg Holocaust and Genocide Centre.

Tshabalala added: “We know the thinking behind the likes of Reconstruction and Development Programme and the Truth and Reconciliation Commission, to mention only two. But what have these done to close the gap between the rich and the poor? What have they done to encourage proper and complete reconciliation? Germany paid for the damages which came as a result of the Holocaust, and it is time that we do the same.”

Mosa Leteane, former SRC President of the Bloemfontein Campus, echoed Tshabalala’s sentiments as they relate to the SA experience. “In light of the Rhodes Must Fall movement, one of the things that the youth was looking at were the symbols, what symbols mean, how symbols works as part of reparation and redress in a country that has come from a tragic past,” she said.

Leteane identified similarities between how our country and the two European nations have confronted the issue of trans-generational trauma and the reconciliation process, albeit in significantly differing circumstances.

“Within the first 20 years or so, it was almost like SA. Nobody wanted to talk about it, people just wanted to build the country.” Nonetheless, “the memorialisation and commemoration happened only for the last 20 years or so,” added Leteane.

Transformation of the European political, environmental, and social landscape took place only when students and the second generation began to challenge the status quo, and to lobby for transformation through the erection of memorials and monuments. Owing to the courage of the young generation, those countries were able to take meaningful steps towards transformation through an accurate narration and commemoration of history, which is a key factor in reconciliation.

Our students had the opportunity to conduct a comparative study of post-Holocaust Germany and post-apartheid South Africa in terms of how government and universities dealt with trans-generational trauma.

By being exposed to remnants of what used to be sites such as the Auschwitz-Birkenau concentration camp memorial in Poland, the young leaders were encouraged to continue their attempt at nation building and advance transformation and reconciliation.


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