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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

Centre for Human Rights at UFS geared to make impact in the region
2017-03-02

Description: Centre for Human Rights  Tags: Centre for Human Rights

SAHRC situated in the Mabaleng building,
Bloemfontein Campus
Photo: Hannes Pieterse

After approval by the Rectorate, Senate and Council of the University of the Free State (UFS), the Free State Centre for Human Rights (FSCHR) began operations on 1 January 2016 on the Bloemfontein Campus, under the leadership of Prof Leon Wessels, founding member of the South African Human Rights Commission (SAHRC) as the Acting Director of the centre.

Human rights remain, undoubtedly, the dominant moral and political language of our times and thus demands multi-layered scholarly engagement as it influences national and international relations, and sets standards for political and democratic practice.

Establishment of centre fulfilment of court order
Top on the centre’s agenda will be to resolve the debate with the SAHRC relating to the February 2011 post-Reitz agreement of the UFS, which was subsequently made an order of the Equality Court. This order compelled the UFS to establish such a centre. The FSCHR presents new opportunities for cooperation between the FSCHR, the SAHRC and other stakeholders to the benefit of the UFS and the broader community.

Three divisions of the centre to achieve its mandate
The centre consists of three inter-related divisions with the potential to stimulate critical scholarship in the field of human rights through its postgraduate and research division. This is reflected in the centre’s mission to deepen the study of human rights and further its praxes by developing novel methodologies in which traditional human rights issues can be complemented by interdisciplinary and multi-disciplinary approaches.

The Advocacy division of the centre will promote human rights among UFS staff and students, and the surrounding community. The aim is to establish a vibrant human rights culture in and across all campuses in which rights of all are respected and protected.

The Legal Services division will provide trustworthy legal services to individuals and groups whose fundamental rights have been abused, to improve the professional capacity of paralegals, students, counsellors, social workers, candidate attorneys and attorneys, equipping them to deal with cases of infringement of constitutional and human rights and to increase access to justice to rural and indigent communities in the Free State.

Centre key in positioning UFS as a regional leader in human rights issues
The centre, with its inter- and multi-disciplinary approach, has the potential to become one of the flagship projects of the UFS, and will strengthen both the Academic and Human Projects. A UFS human rights centre not only makes sound scholarly and practical sense, it also has limitless symbolic value. The location of one of UFS’s campuses within the city of Bloemfontein (the judicial capital of South Africa) and having partnered with the National University of Lesotho (NUL), is historically and geographically significant. This has a great impact on the UFS, the Free State province as a whole, and the Kingdom of Lesotho.  

The FSCHR will be officially launched on 14 March 2017 with Professor Bongani Majola, newly elected chairperson of the SAHRC, as guest speaker.

For further information on the work of the centre, please contact FSCHR@ufs.ac.za / +27 51 401 7216.

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