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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

Reaction by the Rector of the UFS after a meeting with student leaders
2008-02-25

Reaction by the Rector and Vice-Chancellor of the UFS, Prof. Frederick Fourie, on the agreement reached at a meeting with student leaders held on Friday, 22 February 2008

Note: This is meant to be used together with the full joint statement that was issued by the UFS management and student leaders on 22 February 2008.

The memorandum of the primes of the University of the Free State’s (UFS) residences was handed to top management on Wednesday, 20 February 2008. In the memorandum they asked for a meeting with the UFS management by Friday, 22 February 2008. Such a meeting was arranged and took place.

The UFS top management, all the residence primes as well as the house committee member for first years, the executive of the Main Campus Student Representative Council (SRC) and residence heads were present.

In contrast to what is suggested in the Volksblad report of Saturday, the discussion went off very well. There was no consternation or shouting or “emotions that ran high”. It was a civilised, decent meeting as it should be at a good university. Of course, now and again individuals spoke out strongly and very enthusiastically, but it was all decent and orderly. The contribution of the primes was insightful and well formulated.

Because the top management and I wanted to listen very carefully what the problems and frustrations were, we spent nearly five hours in the meeting. The issues in the memorandum were discussed one by one. In some cases I could take a decision immediately and finalise the matter, in other cases, the management provided information that could largely finalise a matter. A number of other matters must be investigated further.

The management undertook to respond comprehensively and in writing to all the issues raised in the memorandum by Monday, 25 February 2008. This will be handed to the primes but will not be handed to the media beforehand.
It is obvious that there are matters at the university that can be better managed and that there are problems with communication within the Student Affairs division. A major change such as the new policy on diversity places huge demands on management and the administration, and problems were to be expected. However, we understand the frustration of the students in residences.

On the other hand, students don’t always make matters easier. The strong opposition of white student leaders last year, and their unwillingness to co-operate in preparation for 2008 is well known. This year it is going better. But often student leaders take positions that are very inflexible. They also see no room for adapting old habits and simply want their own way. Their contributions are then full of statements such as “It cannot be done”. This delays measures such as the full implementation of expert interpreting services, which, for the management, is a very important measure (and which is functioning very well in certain residences). Communication from student leaders to management is also not always what it should be.

At the end of the meeting student leaders and management reached an important agreement and issued a joint statement in which they committed themselves to the integration process and to good co-operation and communication. This was an important step which is a sign of rebuilding trust. Naturally everyone will still have to work hard to build on this and to strengthen mutual trust.

The course and outcome of Friday’s discussions, as requested by the student leaders, show that issues can be addressed and resolved by means of us talking to one another. This is why it is so sad that primes and house committee members went on strike on Wednesday already and stayed in tents in front of the Main Building – leaving their residences without its leadership. This created an opening for what appears to have been well planned and co-ordinated acts of vandalism by inhabitants of residences on the campus on Wednesday.

Such vandalism is unacceptable and no one can justify it.

Fortunately, order could be restored quickly during the night and all academic activities could resume without any disruption on Thursday and Friday.

FCvN Fourie

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   
24 February 2008

 

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