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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

Statement by the senior leadership of the University of the Free State
2016-02-29

Statement by the senior leadership of the University of the Free State regarding the situation on the Bloemfontein Campus 

All academic and administrative activities on the Bloemfontein and South Campuses of the University of the Free State (UFS) resume on Monday 29 February 2016.

In light of the recent incidents on the Bloemfontein Campus, the university leadership would like to address the understandable concerns of students, staff and the general public. The university obviously respects the rights of individuals to freedom of speech and expression, but notes that these rights are subject to reasonable limitation, and cannot extend to justifying criminal acts.

The Bloemfontein Campus is secure and security measures have been doubled up to ensure the safety of students, staff and public property. The court interdict is in place and will be enacted if required. Unlawful disruptions, including those involving criminal conduct, will not be tolerated.

The university strongly condemns the unlawful and unacceptable conduct by students, protesting outsourced workers, and visitors to its campus during the past week, and in particular the assault on protestors at Xerox Shimla Park on Monday 22 February 2016 during a Varsity Cup rugby match between the FNB Shimlas and FNB Madibaz. The university has started a comprehensive and independent investigation into criminal activities on this campus before, during and after the Xerox Shimla Park events.

The university regrets the destruction of public property and the intimidation of staff and students which led to the shutdown of academic and administrative activities on the Bloemfontein Campus. Extensive investigations are underway to identify the perpetrators who took part in all incidents of disruption and criminal conduct, and urgent steps will be taken against such individuals or organisations in due course.

The university leadership remains deeply concerned about a dangerous and damaging allegation that a lecturer was identified on a widely circulated photograph while assaulting a protestor at the Varsity Cup rugby match on Monday 22 February 2016. The university diligently investigated this allegation and found it to be false; the individual is NOT a member of the UFS staff. A suspect was however identified and evidence handed over to the South African Police Services (SAPS) for urgent action.

It has further come to the attention of the university management that a number of individuals and organisations continue to make blatantly false and defamatory statements on social media platforms with the intention of inciting criminal conduct, threatening individuals, and spreading fear within the university community in order to unsettle the campus. Investigations are at an advanced stage to prosecute individuals and groups involved in such criminal conduct in the social media; both those who post these statements and those who repost or retweet them, are liable under the law.

Should you wish to confirm whether there is any truth attached to a circulated rumour or allegation, please call +27(0)51 401 2911, +27(0)51 401 2634 or send an email to news@ufs.ac.za. Legal steps will be taken against individuals and organisations that persist in circulating such misleading and damaging statements.
    
The UFS urges all individuals who are in possession of evidence or knowledge of any crimes that have been committed on the Bloemfontein Campus in the past week, to come forward with such evidence and information and to call the numbers indicated above or to send an email to news@ufs.ac.za. Any individuals who are in possession of video footage and photographs of the incidents at Xerox Shimla Park, the Equitas Building (formerly known as the CR Swart Building), Thakaneng Bridge, various residences, the Main Building and the grounds in front of the building, are requested to provide such evidence in order to assist with the identification of those involved in criminal acts.

The university leadership remains committed to its duty to act in the best interests of its students and staff and calls on its community and the public to act peacefully at all times and respect the rights of others.

Issued by: Lacea Loader
(Director: Communication and Brand Management)
Email: news@ufs.ac.za

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