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20 July 2026 | Story Tshepo Tsotetsi | Photo Supplied
Law publication
Prof Serges Kamga and Dr Annelie de Man recently published ‘Cultivating Comparative Constitutional Law in Africa: Honouring the Contribution of Charles Manga Fombad’, a volume exploring constitutional thought and democratic governance across Africa.

As African countries continue to navigate questions of democracy, accountability, and governance, a new publication co-edited by Prof Serges Kamga, Dean of the University of the Free State (UFS) Faculty of Law, and Dr Annelie de Man, Senior Lecturer in the Free State Centre for Human Rights, offers a timely contribution to one of the continent’s most important legal conversations. 

Recently published by Pretoria University Law Press, Cultivating Comparative Constitutional Law in Africa: Honouring the Contribution of Charles Manga Fombad brings together leading and emerging scholars to explore how constitutional law can respond to Africa’s evolving realities.

The volume honours Prof Charles Manga Fombad, whose work has shaped comparative constitutional law for more than three decades. Across 22 original chapters, the publication explores constitutional identity, democracy, judicial independence, elections, state accountability, and transformative constitutionalism, while examining how constitutional systems can better serve the societies they govern. Although these are legal concepts, they ultimately influence how public institutions function, how rights are protected, and how governments are held accountable.

“Constitutionalism is never static. It requires continuous engagement from scholars, judges, practitioners, and citizens alike,” Dr De Man said. “The volume highlights both the progress that has been made and the challenges that remain, but perhaps most importantly, it shows the value of comparative dialogue in strengthening constitutional governance across Africa.”

 

Constitutional ideas rooted in African realities

For Prof Kamga, the publication is both a recognition of Prof Fombad’s extraordinary scholarly contribution and an opportunity to engage with constitutional questions that continue to shape the continent.

Having first encountered Prof Fombad’s work as a master’s student before later engaging with it as a doctoral candidate and now as a scholar himself, Prof Kamga said the influence of his scholarship has been profound. “Prof Fombad’s contribution to comparative constitutionalism in Africa is massive. His scholarship has played a defining role in shaping contemporary understandings of constitutionalism, governance, and the rule of law on the African continent.”

Prof Kamga believes this recognition comes at a particularly significant moment. “The African continent is struggling with core issues addressed by Prof Fombad’s work,” he said. “His scholarship explores how constitutional frameworks can be made more responsive to Africa’s complex social and political contexts.”

That idea runs throughout the publication. Rather than treating constitutions as documents that exist only in courtrooms or legal textbooks, the contributors examine how constitutional principles influence democratic governance, protect rights, and respond to the everyday realities experienced across diverse African societies.

Dr De Man says one of the strongest themes to emerge from the editorial process was that, despite different constitutional systems and political histories, many African countries continue to wrestle with similar questions. “Many of the chapters grapple with judicial independence, democratic accountability, constitutional resilience, and the protection of constitutional values,” she said. “There is no single African constitutional model. Each jurisdiction reflects its own political, historical, and social context, yet there is much that countries can learn from one another.”

Prof Kamga adds that the publication contributes to an African tradition of comparative constitutional scholarship that is internationally engaged while remaining grounded in the continent’s own realities. “It advocates for context-sensitive approaches that take seriously Africa’s legal pluralism, historical trajectories, and developmental imperatives.”

 

Building the next generation of constitutional scholarship

The publication also reflects the collaborative nature of constitutional scholarship. Alongside established academics, it brings together emerging scholars whose perspectives help expand the conversation and introduce new ways of thinking about constitutional law.

For Dr De Man, creating that balance was a deliberate editorial choice. “Prof Fombad’s influence extends far beyond his own scholarship,” she said. “Throughout his career he has invested enormously in mentoring younger scholars and building constitutional scholarship across the continent. We wanted the volume to reflect that legacy.”

She added that bringing together scholars from different generations, jurisdictions and academic traditions created a rich intellectual exchange, even though it required careful editing to ensure the volume remained coherent. “Our task as editors was to preserve the diversity of viewpoints while ensuring that every chapter contributed to the broader narrative about constitutionalism and comparative constitutional law in Africa.”

Prof Kamga said the publication also reflects the Faculty of Law’s commitment to contributing meaningfully to legal scholarship beyond South Africa. “It demonstrates that the faculty is influencing legal discourse on the continent and beyond. The faculty not only seeks to advance academic discourse but also provide practical frameworks for policymakers, judges and practitioners involved in constitutional design and reform processes across Africa.”

Through publications such as this, the UFS continues to contribute to scholarly conversations that extend beyond academia, connecting research with questions that shape democratic governance, public institutions, and constitutional development across the continent.

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