Decision Alert: Landmark Decision Expands Access to Legal Abortion in Zimbabwe in Suit Filed by WLSA

Women in Law in Southern Africa v Minister of Health and Child Care & Others

Case: Women in Law in Southern Africa & Talent Forget v Minister of Health and Child Care, Parliament of Zimbabwe & Attorney General of Zimbabwe

Court: High Court of Zimbabwe

Date: 22 November 2024

Issue: Whether Section 2(1) of the Termination of Pregnancy Act, which defines “unlawful intercourse” to exclude instances of sexual intercourse with minors and marital rape, is constitutional

Case Overview
In Zimbabwe, under the Litigating Reproductive Justice in Africa Programme WLSA, filed a strategic case seeking to expand grounds for access to safe and legal abortion and post-abortion care for minors and adult survivors of sexual violence, including marital rape.

Court ruling
The High Court has delivered a landmark judgment. The Court ruled that Section 2(1) of the Termination of Pregnancy Act is unconstitutional. The section read together with the rest of the Act bars Women who are victims of Marital rape and girls (those who are under 18) from accessing a safe abortion/termination of pregnancy if they elect to do so. The High Court has indicated that this is unlawful as girls who have been raped and Women who are victims of marital rape must also have the opportunity to have a safe termination of pregnancy.

Importance:
The judgment creates a positive precedent in protecting the right to bodily autonomy and decreases the use of unsafe abortions methods, which result in life-threatening injuries or death to women and girls. The effect of this judgement is to expand the protection provided under Section 2(1) of the Termination of Pregnancy Act allowing girls below the age of 18 and married women who are victims of SGBV and marital rape to access legal abortion services.
This groundbreaking decision underscores the court’s commitment to upholding the rights of women and girls, thus advancing the reproductive rights and health of women and girls in Zimbabwe. It sets a precedent for future legal challenges to discriminatory practices and highlights the necessity of realigning legislation to constitutional and international protections. The ruling reaffirms the principles of equality and non-discrimination enshrined in the Constitution. It opens avenues for legislative reform and encourages ongoing advocacy around women's sexual and reproductive health rights in Zimbabwe.

Next step
Following this judgment, WLSA intends to approach the Constitutional Court of Zimbabwe for confirmation of the judgment. This will enable legislative amendment of the provisions of the TOP Act.