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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

FF Plus court case against UFS withdrawn
2007-10-23

The University of the Free State (UFS) is pleased to announce that a Supreme Court application to have the racial integration of its student residences set aside has been withdrawn unconditionally by the Freedom Front Plus (FF+). The political party has offered to pay the assessed costs of the UFS.

The Rector and Vice-Chancellor of the UFS, Prof. Frederick Fourie, welcomed this decision by the FF+, saying all energy should now be focused on making a success of this very important nation-building initiative in the student residences. “We have been convinced all the time that we had followed a fair and inclusive consultation process which led to a thorough and well-considered decision by the Council,” he said.

The decision to integrate student residences as from January 2008 was approved by the UFS Council on 8 June 2007. This last decision was confirmed by the Council – which is the highest decision making body at the UFS -  on 14 September 2007 with an overwhelming majority, with only one vote against.

“There is now no legal obstacle to student participation in the work being done to implement Council’s decision. In fact I want to urge all students in our residences to play an active role in implementing Council’s decision,” he said.

According to Prof. Fourie much work has been done in preparation for the intake of first-years into the residences in January 2008.

Since the initial decision of 8 June 2007, the Vice-Rector: Student Affairs, Dr Ezekiel Moraka, has been leading a team of staff members and student representatives who are doing work in various sub-task teams.

“One of the main reasons for working in this way through sub-task teams, is to ensure the widest possible participation of the affected students in the implementation of the Council’s decision,” said Prof. Fourie.

These sub-task teams are working on aspects of residence life in order to make the racial integration of residences as successful as possible. These aspects of residence life include, among others:
 

  • governance structures
  • traditions and character of residences
  • diversity education and training
  • security
  • placement and recruitment

“This list is not exhaustive, but merely to illustrate the kinds of areas being looked into. I would like to encourage all students in residences to make an input into the work of these sub-task teams through the primes, the Student Representative Council (SRC) or through the offices of the Dean or the Deputy Dean of Student Affairs.

“We have already begun to implement an interpreting service at the house meetings of three ladies residences, namely Emily Hobhouse, Roosmaryn and Vergeet-my-nie. From next year this service will be extended to other residences on the Main Campus,” said Prof. Fourie.  

“In the light of withdrawal of the court case, I am appealing to all students in our residences, to join hands with fellow students and with management in creating a campus of respect and appreciation for all languages, cultures and backgrounds,” he said.

“We want our students to assist the UFS in successfully managing the rich diversity on this campus, particularly in its student residences, and in so doing become an example to South Africa of a truly non-racial, multi-cultural and multi-lingual campus, where students are appropriately educated for the workplace,” 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

23 October 2007

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