HARARE – The Women and Law in Southern Africa (WILSA) has raised alarm over Zimbabwe’s high maternal mortality rates and complications from unsafe abortions, particularly among adolescents. The organisation has hailed a recent High Court ruling that effectively outlaws the prohibition of safe abortions, calling it a step forward in addressing these pressing issues.
Speaking at a media briefing in Harare on Tuesday, WILSA National Director Isheanesu Chirisa highlighted staggering statistics on unsafe abortions in the country. She revealed that studies from 2019 show that 219 abortions occur daily in Zimbabwe, with 80,000 abortions recorded that year.
“Of these abortions, about 185 occur among adolescents,” Chirisa said. “Without safe abortions being allowed under the law, adolescents often resort to backstreet procedures, which are unsafe and life-threatening. This is often due to the medical costs involved.”
Further studies show that between 2016 and 2017, 40% of pregnancies in Zimbabwe were unintended, with 25% of those resulting in unsafe and illegal abortions.
Landmark Ruling Brings Hope
WILSA recently achieved a legal victory after suing Health Minister Douglas Mombeshora, the Parliament of Zimbabwe, and Attorney General Prince Machaya, seeking to overturn restrictive abortion laws. Represented by prominent lawyer Tendai Biti, the organisation argued that the Termination of Pregnancy Act discriminates against women and fails to address contemporary societal needs.
High Court judge Maxwell Takuva ruled in favour of WILSA, describing the case as significant given the high rates of teenage pregnancies, illegal abortions, and maternal deaths.
“The Termination of Pregnancy Act is a very harsh law because it imposes custodial sentences for women who choose to abort. It criminalises the victim, which is fundamentally discriminatory,” Biti said.
He added that the judgment now awaits confirmation by the Constitutional Court to become operational.
Outdated Laws Need Reform
Women’s rights activists have criticised Zimbabwe’s abortion laws, which date back to 1977 during the Rhodesian era. These laws only permit abortion under highly restrictive circumstances, creating significant barriers for women seeking safe and legal procedures.
Edna Masiiwa, Director of the Women Action Group, called for urgent reforms. “This law is outdated and does not serve today’s woman,” she said.
Access to safe abortion remains a challenge, particularly for rural and poor women who face legal, administrative, and financial obstacles.
Marital Rape Victims and Legal Abortion
WILSA also argued that marital rape victims should have access to safe and legal abortion, aligning with the recent criminalisation of marital rape in Zimbabwe.
Biti emphasised the need for laws that protect children and women from unsafe procedures. “It is unfortunate that children are dying due to unsafe abortions. The law must protect the victim, not criminalise them,” he said.
As Zimbabwe grapples with unsafe abortion rates and maternal health challenges, activists hope this legal breakthrough will pave the way for more comprehensive reproductive health reforms that prioritise women’s rights and health.
