Updated to 3.3.1 can't edit widgets theme issue

Hi I just upgraded from 3.2.1 to 3.3.1 and now I can’t edit any of the widgets in the sidebar. I can add widgets to the sidebar but when i click them they open but not in edit mode. I am using a free theme and switched to the default theme which allows me to edit them.

Do I have to bring this issue up with the theme developer as it seems to be theme related? Is there any code fixes anyone is aware of?
thanks