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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

SA and Africa must avoid going over the edge
2017-02-26

Description: Prof Hussein Solomon, SA and Africa must avoid going over the edge Tags: Prof Hussein Solomon, SA and Africa must avoid going over the edge

From left are: Prof JM Moosa (Centre for African
Studies, Jawaharlal Nehru University, India),
Prof Hussein Solomon (Senior Professor: Political
Studies and Governance at the UFS),
Prof Virgil Hawkins (Osaka School of International
Public Policy Studies, Osaka University in Japan), and
Prof Ajay Dubey (Centre for African Studies, Jawaharlal Nehru
University, India).
Photo: Jóhann Thormählen

South Africa and the rest of Africa might be standing on the edge of a cliff and therefore conversations are necessary to avoid tipping over. According to Prof Hussein Solomon that was why a conference to address these issues was recently co-hosted by the University of the Free State (UFS).

Prof Solomon, Senior Professor of Political Studies and Governance at the UFS, said the continent and country needed to make the right decisions. “These right choices refer to the correct economic, political, and social policies.”

International delegates attend
Delegates from India, Japan, Zambia, Lesotho and South Africa attended the conference, called A View from the Precipice: Critical Reflections on South Africa and Africa in the 21st Century, on 13 and 14 February 2017 on the Bloemfontein Campus. It was co-hosted by the UFS Department of Political Studies and Governance, Jawaharlal Nehru University (India), Centre for the Engagement on African Peace and Security, Southern African Centre for Collaboration on Peace and Security and Osaka University (Japan).

Prof Solomon said external actors provided a useful mirror as they gave an idea of how Africa and South Africa were viewed from abroad.

Creating a knowledge-sharing forum
“It is not just about sharing knowledge, but creating a forum for sharing knowledge,” said Prof Virgil Hawkins from the Osaka School of International Public Policy Studies.
Prof Hawkins, who is a visiting professor at the UFS, said a conference like this was one of the cornerstones of the relationship between the UFS and Osaka University. Prof Solomon is also a visiting professor at last mentioned university.

Highlights of conference
Prof Solomon said some of the discussions included that “the ANC government is in crisis and is dragging the rest of the country with it”. Another participant said that 80% of the jobs in the next 20 years had not been created yet – which put the relevance of tertiary education in the spotlight.

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