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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

Message of appreciation from the UFS acting Vice-Chancellor and Rector: Prof Nicky Morgan
2017-01-04

Dear Colleagues, Students, Parents/Guardians, Alumni, and Friends of the university

The University of the Free State (UFS) successfully completed the 2016 academic year, with the official examination ending on 14 December 2016.  We have also completed the last of our graduation ceremonies, and are now preparing to accommodate the additional and ad hoc examinations in the coming weeks.
 
This comes after the university has successfully readjusted its academic programme in October 2016, subsequent to the disruption of activities and programmes for almost a month. All of this could not have happened without the extraordinary support and dedication of the staff and majority of the students at the UFS.
 
I would like to thank all our staff, parents/guardians, alumni, and friends of the UFS for the role they played during these challenging months in order to ensure that we could end the academic year successfully. If it was not for your understanding and uncompromising support, we would not have been able to complete the curricula, continue with the exams, and end the year in this way.
 
However, we all know that this was not an easy task. The sheer dedication and drive of our academic staff to adapt the mode of teaching and assessment of modules must be applauded, as it took courage and perseverance. Not only did they manage to complete the curricula, they also managed to do the assessment almost completely online. The incredible role of our administrative and support staff – including our security personnel – should also be acknowledged with deep appreciation.
 
This has been a learning experience for all, which has provided us with a solid base for academic recovery in the future.
 
During its quarterly meeting on 2 December 2016, the UFS Council expressed appreciation to all staff, students, and the university management for the successful completion of the 2016 academic year.
 
To all our alumni and donors who continued to support the UFS this year – thank you for your commitment, loyalty, and continued contribution.
 
Looking forward to 2017
The UFS announced on 7 December 2016 that it will be increasing tuition and housing and residence fees for 2017 by 8%. The approved increase in fees is in line with the recommendations by the Minister of Higher Education and Training, Dr Blade Nzimande, on 19 September 2016. The increases were approved by the UFS Council on 2 December 2016, with the understanding that it would be paid by the Department of Higher Education and Training by means of the fee adjustment grant for qualifying students with a combined family income of not more than R600 000 per annum.

The university management is aware of the economic realities in South Africa, as well as the financial pressure households are experiencing. The long-term financial sustainability of the UFS, as well as the financial constraints which impact teaching and learning, research, and community service, continues to remain of utmost importance to the Council and to the senior leadership of the UFS.
 
The university management stated its pro-poor approach to student funding on several occasions; that academically deserving students from poor and working class families should receive substantial financial support. For this reason – also because it does not place a burden on poor and working-class families – an increase in tuition fees aligned with the DHET proposal was submitted to Council for approval. The presidents of the Bloemfontein and Qwaqwa Campus Student Representative Councils were present and participated in the discussion on fees – also when Council approved the increase.
 
I am thankful to report that more applications for admission were received for 2017 (42 568) in comparison to 2016 (29 284), and we are excited to welcome first-year students to our campuses in January 2017. See 2017 calendar of events and information.
 
The necessary safety measures have been taken and contingency plans are in place when students return in 2017. The university management will continue to work with the South African Police Service to ensure stability on the campuses and the uninterrupted continuance of the Academic Project.
 
In conclusion, I would like to wish you a restful and safe Festive Season. Thank you once again for your crucial role in making the University of the Free State still one of the universities of choice in the country.
 
Best regards
 
Prof Nicky Morgan
Acting Vice-Chancellor and Rector
University of the Free State

 

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