Zimbabwe’s 1977 Abortion Law Faces Calls for Review, Lawmaker Says
Story By Obert Mavuza
Zimbabwe’s Termination of Pregnancy Act, passed in 1977, was the subject of a recent public discussion in which a member of parliament and a youth advocate outlined concerns about how the nearly 50-year-old law functions in practice.
Background on the Law
According to Fortune Daniel Molokhele, MP and a member of Zimbabwe’s portfolio committee on health, childcare and women’s affairs, Zimbabwe’s law was originally modeled on legislation used in the United Kingdom and South Africa. Both of those countries have since revised their own termination-of-pregnancy laws, while Zimbabwe’s version has remained largely unchanged since it was enacted.
Under the current law, termination of pregnancy is permitted in specific circumstances, including when a pregnancy results from rape or incest, or when a woman’s life is considered at risk. Accessing this legal pathway involves a formal process: a police report, medical documentation, and a court application that requires a magistrate’s ruling.
Molokhele said this process can take an extended period of time to complete, and that pregnancy-related medical considerations mean the window during which termination is considered safe is limited. He said this can result in some applicants being unable to complete the process before that window closes.
Health System Data Cited
Molokhele referenced Zimbabwe’s maternal mortality statistics and said that some of these cases are linked to complications from abortions carried out outside formal medical settings, sometimes performed by people without medical training. He said this places an additional burden on the healthcare system through what he described as “post-abortion care” cases.
Youth advocate Alexa, representing the organization Say What, said that stigma around discussing abortion openly can discourage people from seeking information or medical support, which she said may contribute to some individuals pursuing informal or unsupervised methods instead.
Discussion of Consent and Contributing Factors
Both speakers discussed factors they said can be present in teenage pregnancy cases, including economic hardship, age gaps in relationships, and situations involving family members or others in positions of trust or authority. Zimbabwe’s legal age of consent for sexual activity is 18; sexual activity involving a person below that age is classified as a criminal offense under Zimbabwean law.
Molokhele noted that the Ministry of Primary and Secondary Education publishes annual statistics on pregnancies among students, and said that, in his view, enforcement of existing statutory rape laws has not kept pace with the number of cases reported through the health system.
Proposed Areas for Reform
Molokhele outlined several changes he said the health portfolio committee would like to see considered as part of a possible legislative review:
- Shortening the current approval process for legally qualifying termination requests
- Expanding which categories of trained clinical staff can make certain time-sensitive medical determinations
- Strengthening enforcement of existing statutory rape provisions
- Adding protections for individuals and family members involved in reporting cases
He said that any change to the law would need to go through Zimbabwe’s standard legislative process, including cabinet approval, public hearings, and debate in both the National Assembly and the Senate, before it could take effect.
Differing Views Acknowledged
Molokhele acknowledged that the law’s current form reflects, in part, religious and cultural views held by segments of the public, and said he expected any reform process to include input from groups who both support and oppose changes to the law. He said Parliament’s public consultation process is intended to allow a range of perspectives to be considered before any amendment is finalized.
Alexa said she would like to see greater inclusion of young people’s perspectives in future policy discussions, and pointed to comprehensive sexuality education as one preventive measure she believes could reduce the number of cases the current debate is focused on.
Next Steps
Molokhele said that a change to the law would require the Ministry of Health to work with the Ministry of Justice to draft a bill, which would then need cabinet approval before proceeding to public consultation and parliamentary debate. He did not provide a specific timeline for when this process might begin or conclude.
This article is based on a panel discussion hosted by Ola Seven(7), featuring Honorable Fortune Daniel Molokhele, MP, and youth advocate Alexa of Say What. Views expressed by guests are their own.
