Date: 28-31 July 2025
Winter School and Conference on Constitutionalism in Africa
Venue: Faculty of Law, University of the Free State, Bloemfontein, South Africa
Presented by: The Faculty of Law, University of the Free State (UFS) and the African Network of Constitutional Lawyers (ANCL)
Background
The African continent made a principled commitment to democratic constitutionalism and progressively democratised during the 1990s. The resurgence of unconstitutional changes of government (UCGs), and use of unconstitutional methods by constitutional governments, thus cause grave concern. UCGs are a significant contributor to human rights violations in Africa[1] and cause delay of the continent's agenda for peace and security. UCG mechanisms are diverse. The most prevalent are arbitrary amendments to constitutional and statutory provisions governing elections. Such amendments frequently occur shortly before elections and frustrate presidential term limits. Ostensibly 'dynastic power transfers' between familial generations have emerged since about 2001, pertinent examples being the countries of Togo, Chad and Gabon serving. The African Charter on Democracy, Elections, and Governance (2007) classifies such constitutional engineering as UCGs.
The African Union (AU), acting through its Constitutive Act of 2000, established its firm commitment to promoting human and peoples’ rights, democratic principles, popular participation and good governance. Guided by these principles,[2] the AU condemns and rejects UCGs.[3] The AU's rejection of UCGs follows the Organisation of African Unity's (OAU's) Algiers July 1999 Declaration, which affirms the cardinal principle of opposition to UCGs. The AU's July 2000 Lomé Declaration defines and establishes a continental response framework to UCGs. The Lomé Declaration’s UCG definition includes military coups d'etat against democratically elected governments; interventions by mercenaries to replace democratically elected governments; replacement of democratically elected governments by armed dissident groups and rebel movements and the refusal of incumbent government to relinquish power when free, fair and regular elections so require.[4]
The AU’s opposition to UCGs represents continental consensus as all African states are member states. Nevertheless, coups beget more coups, as has occurred in countries such as Sudan, Mali, Burkina Faso and Gabon. The 2023 African Peer Review Mechanism's (APRM's) Africa Governance Report discloses 18 successful UCGs between 2003 and 2022. Niger’s July 2023 military coup marked the 19th instance, and Gabon's August military takeover, the 20th. Gabon’s UCG simultaneously marked the 100th successful military coup between 1952 and 2023.[5] The AU’s Assembly of Heads of State and Government and Peace and Security Council have both expressed alarmed at the resurgence of UCGs. The AU institutions are disturbed by the effects on continental democracy, peace, security and stability.
The 2025 ANCL-UFS Winter School and Conference convenes students, academics, legal practitioners, judges and political leadership to demystify and interrogate the increased incidence of UCGs. The Winter School offers a platform for critical and engaged theoretical, practical and policy-relevant discussion and debate on UCGs. The UFS-ANCL Winter School and Conference examines the historical and colonial underpinnings, causes, manifestations and potential solutions to the threat and scourge of UCGs. With some UCGs advanced as oppositional to neo-colonial control, the Winter School and Conference analyses the legacies, continuities and impacts of colonialism and coloniality on governance, democracy, the rule of law and lived experiences of Africans.
Format
Previous Winter Schools have taken the form of a teaching event. We are proud to present the first expanded format, which introduces a conference component to the Winter School. The 2025 UFS-ANCL School and Conference and Winter School on Constitutionalism in Africa is a four-day event. The first two days will focus on the teaching aspect. The remaining two days will focus on the conference component.
- Winter School (28-29 July)
Seasoned scholars and practitioners will lead seminars and workshops to senior students, postgraduate students, emerging researchers and participants seeking more profound insights into UCGs and strategies for preserving constitutional order. - Winter Conference
(30-31 July)
The conference entails plenary addresses by leading African voices on human rights, international law, governance and constitutionalism in Africa. The presentations will include rigorous research papers and case studies on UCGs. The papers may be included in a special edition of the UFS Journal for Juridical Science.
School and Conference Themes
We invite submissions that examine UCGs from various disciplinary and methodological perspectives. Papers may address such sub-themes as:
- Definition and criteria of unconstitutional changes of government in Africa
- Causes of unconstitutional changes in government (UCGs)
- Impact of UCGs on democracy and rule of law
- Military coups and authoritarian regimes
- Role of political institutions and civil society
- International responses to UCGs in Africa
- Case studies of UCGs
- The role of constitutions in preventing UCGs in Africa
- Decolonial, ethical and moral underpinnings of UCGs
- Practical, predictive and preventive approaches to UCGs
- Reparations and restoration of constitutional order
Application Guidelines and Costs
(a) Winter School: A short curriculum vitae no longer than TWO pages, motivation letter no longer than ONE page and reference letter from your supervisorno longer than ONE page.
(b) Winter Conference: An abstract not exceeding 300 words, including a title, author's name, institutional affiliation and contact details.
Deadline for applications30 May 2025
Submission of full papers (conference only)
30 June 2025 (accepted abstracts only)
Registration fee
ZAR 1000.00
Who should apply:
Academics, legal practitioners, government officials, judges, civil society actors, policymakers, doctoral and postgraduate students interested in African constitutionalism, governance and the rule of law.
Assistance and support:
The organisers will attempt to support some participants based on need and merit. The organisers will provide supporting letters for participant visa applications and funding raising to fund participation.
For more information:
Contact Khanya B Motshabi on
[1] Article 8 (p), Grand Bay (Mauritius) Declaration and Plan of Action CONF/HRA/DECL (1).
[2] Article 4 (m), Constitutive Act of the African Union.
[3] Article 4 (p), Constitutive Act of the African Union.
[4] They include Sudan (2019), Mali (2021), Burkina Faso (2022), Niger (2023), Guinea (2024) and Gabon (2024).
[5] Monyane L & Ndzendze B, “The resurgence of unconstitutional changes of government in Africa: democratic renewal in the year of elections” (March 2024). Conflict and resilience Monitor. https://www.accord.org.za/analysis/the-resurgence-of-unconstitutional-changes-of-government-in-africa-democratic-renewal-in-the-year-of-elections/ (Accessed 17 February 2025).