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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

New guidelines to increase diversity in student residences at the UFS
2007-06-08

As from 2008, the University of the Free State (UFS) will implement new policy guidelines for student residences so as to increase diversity on the Main Campus of the UFS in Bloemfontein.

These new policy guidelines were approved by the Council of the UFS today (Friday 8 June 2007) after consultations with a range of stakeholders, especially students currently in residences, student leaders and student organisations, with inputs received from alumni and parents as well.

According to a statement by the Chairperson of the UFS Council, Judge Faan Hancke, and the Rector and Vice-Chancellor of the UFS, Prof. Frederick Fourie, the guidelines are based on an educational rationale with a definite educational objective.

“What the UFS seeks to do with these new policy guidelines, is to overcome the racial divides of the past and equip students in residences with the knowledge and skills to understand people from other cultures, appreciate other languages and to respect differences in religion but also economic background,” Judge Hancke and Prof. Fourie said in their statement.

“This will give students in UFS residences a distinct advantage over many other work seekers in South Africa, because the workplace today is a very diverse place with people of many backgrounds,” Judge Hancke and Prof. Fourie said in their statement.
They said the UFS wanted to establish a new model of residence life in which students will voluntarily embrace diversity and learn about diversity so as to add value to their educational experience in a residence.

In the late 1990s the UFS made the first attempt to integrate its residences which led to violent clashes between white and black students. A compromise agreement was reached based on freedom of association but this has over the years led to the current situation of largely white and largely black residences.

To support students during the implementation of the new policy guidelines, the management of the UFS will establish several mechanisms and programmes for students to empower them, to build their capacity and to facilitate a smooth transition to a new model of student life in the residences.

Judge Hancke and Prof. Fourie said the decision is another important milestone in the ongoing transformation of the UFS and in the provision of quality higher education for all UFS students, and that the decision had been taken in the best interests of the students.

“This is a very carefully managed transition to bring about a non-racial character to our student residences in line with the Constitution and the ethos of a democratic South Africa,” Judge Hancke and Prof. Fourie said.

How the new policy will work in practice

As from 2008, the new policy aims to bring about an important shift in the way first-years are placed in a residence. From 2008 first-year students are to be placed to achieve a minimum diversity level of 30% in each junior residence.

In senior residences a mix of approximately 50-50 will be the goal from 2008.
Residences will be responsible for placing 50% of first-years, which gives them the scope to increase diversity. The university’s accommodation service will place the other 50%. All these placements must occur in accordance with the educational rationale and the related diversity objective.

If a residence cannot reach the diversity objectives, the university will use the 50% of placements that it controls to achieve sufficient diversity in a particular residence.

Support mechanisms for students

According to Dr Ezekiel Moraka, Vice-Rector: Student Affairs, students in the residences will not be left on their own to deal with the issues of diversity. The management of the UFS has identified several important areas where the process may need support, especially in the early stages of implementation. Students and student leadership will be involved in the further design and finalisation of the implementation details.

These areas where support will be finalised are the following:

  • Providing properly trained and qualified personnel (such as live-in wardens, residence heads etc.) to supervise the implementation of the policy on a 24-hour basis;
  • Ongoing orientation workshops for all students in residences to deal with diversity in a mature way;
  • Support to deal with language issues, including interpreting services so that language rights of all students can be respected; and
  • Assistance with the review of residence governance, administrative and other procedures that have been used in residences up to now.

“There can therefore be no doubt that the management is committed to the well-supported and successful implementation of this new policy and to giving the best possible education to all our students,” Judge Hancke and Prof Fourie said.

Media release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za
8 June 2007
 

 
 

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