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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

IRSJ marks five years of championing social justice
2016-08-12

Description: IRSJ 5 year Tags: IRSJ 5 year

Members of the Advisory Board of the IRSJ,
Prof Michalinos Zembylas (Open University
of Cyprus), Prof Shirley Anne Tate (Leeds
University, England), and Prof Relebohile
Moletsane (University of KwaZulu-Natal),
listen to a speaker on the programme.
Photo: Lihlumelo Toyana

The Institute for Reconciliation and Social Justice (IRSJ) marked its fifth anniversary with a function on 27 July 2016 in the Reitz Hall of the Centenary Complex on the Bloemfontein Campus of the University of the Free State (UFS). Earlier that day, the Advisory Board of the IRSJ, chaired by Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, hosted their annual meeting.

A new book was also launched, co-authored by JC van der Merwe, Deputy-Director at the IRSJ and Dionne van Reenen, researcher and PhD candidate at the IRSJ. It is entitled Transformation and Legitimation in Post-apartheid Universities: Reading Discourses from ‘Reitz’. The function featured not only reflections on the IRSJ, but a four-member panel discussion of the book and higher education in 2016.

The IRSJ came into being officially at the UFS in January 2011. Prof André Keet, Director of the IRSJ, said: “With a flexibility and trust not easily found in the higher education sector, the university management gave us the latitude and support to fashion an outfit that responds to social life within and outside the borders of the university, locally and globally.”

The IRSJ has not hesitated to be bold and
courageous in reforming ... traditional policies."

 

Prof Jansen went on to mention three things he finds appealing about the IRSJ: “Thanks to Prof Keet and his team’s vision and understanding of how important it is for students to have a space in which they can learn how to be, learn how to think, and learn how to contribute, the IRSJ has become a place where students can learn about things that they might not learn in the classroom. Second, it created, for the first time, a space where members of the LGBTIQ community could gather in one place. And third, it speaks to the intellectual life of the university, as evidenced by the research and publications produced over the past few years.”

Prof Jansen added: “The IRSJ will only be successful to the extent that we have safe spaces, courageous spaces, in which not only black students talk to themselves, but where black and white students talk together about their difficulties. If you’re entangled, you can’t get out of [that] unless you speak to the other person.”

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Prof Michalinos Zembylas of the Open University of Cyprus and member of the Advisory Board, said of the IRSJ: “The works produced by the institute in this short time have been valuable to this community and beyond, because they recognise the complexities of education, ... while pushing the boundaries of how to translate theoretical discussions into practical, everyday conditions. ... For example, the IRSJ has not hesitated to be bold and courageous in reforming some traditional policies in this university—remnants of an ambivalent past that reproduced inequality and disadvantage.

In reflecting on how the IRSJ came into being during her opening remarks, Dr Lis Lange, Vice-Rector: Academic at the UFS, said that it has always been “dedicated to transformation.” She added that it “gathered the energy and creativity of some of our most promising student leaders.” She concluded: “For me, the greatest success of the Institute, besides publications and local and international networks, is the fact that something that started in the margins is being asked today to come closer to the centre, to play a larger role in the structural transformation of the university.”

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