HARARE, Feb. 20 (NewsDay Live) – A coalition of girls’ rights and health advocates has expressed disappointment following the Minister of Health and Child Care’s directive to delete a provision seeking to liberalise abortion from the Medical Services Amendment Bill. Clause 11 sought to align medical legislation with binding court judgments while respecting the sanctity of life.
Presenting the Bill during its Second Reading on Wednesday, Deputy Minister of Health and Child Care, Sleiman Kwidini, said the legislation was intended to align the Medical Services Act with constitutional provisions and expand access to essential healthcare.
Responding to concerns raised by senators, Kwidini revealed that the Ministry had been taken by surprise by the inclusion of the provision. “Clause 11 is a surprise to us as a Ministry. We were surprised to learn that when the Bill was introduced to the Senate, there was Clause 11. On the First Reading, which was done in the Lower House, there was no Clause 11 … the Bill was ending on Clause 10.”
In response, the coalition said the move — which it attributed to a campaign of misinformation — represents a significant step backward for reproductive justice and a failure to comply with the Constitution of Zimbabwe and recent High Court rulings.
The coalition maintained that the provision to liberalise abortion was an administrative reform aimed at removing outdated, colonial-era barriers that obstruct timely access to medical services already legal under the Termination of Pregnancy Act (TOPA).
It said deleting the clause preserves a status quo of excessive paperwork and delays, effectively rendering constitutional rights meaningless for vulnerable women and girls.
Loveness Rukuni, a girls’ rights advocate, underscored that Clause 11 was not an attempt to liberalise abortion law, but rather to ensure humane and timely care for survivors of sexual violence and those facing life-threatening complications.
“We are disappointed that falsehoods about the Bill have been believed. Clause 11 was never a ‘backdoor’ to abortion on demand. It did not legalise abortion on request, nor did it expand the grounds for termination. “It was purely a technical provision to operationalise our existing law for victims of rape, incest, and those whose lives or health are at risk, as our courts have already mandated,” she said.
Despite these rulings, the coalition said lawmakers and the Ministries of Health and Child Care and Justice, Legal and Parliamentary Affairs have failed to enact comprehensive reforms to address constitutional and practical deficiencies.
It said removing Clause 11 therefore represents a missed opportunity to align the law with judicial findings and adopt a survivor-centred, health-based approach.
“The debate over the Medical Services Bill was never about abstract morality; it was about mortality. It was about healthcare, which is the basic point of the entire Bill,” said Onward Chironda, Executive Director of My Age Africa Trust.
“We cannot ignore the reality of 70,000 unsafe abortions occurring annually in Zimbabwe because the law remains trapped in 1977. A right that exists only on paper is not a real right. Those rights should be a reality.”
Despite the setback, women’s and girls’ rights advocates said they remain committed to securing the highest attainable standard of care.
The coalition added that it will continue engaging the Senate and Parliament to ensure the 18-month window provided by the High Court is used to amend the Termination of Pregnancy Act, with dignity and health at its core.
They also plan to intensify public education efforts to clarify the law and counter misinformation that has fuelled emotional and misinformed public pressure.
Advocates are now awaiting confirmation from the Constitutional Court on recent rulings, which they expect will mandate Parliament to align health legislation with contemporary medical understandings of health, including the mental and psychological well-being of women and girls.
In conclusion, they urged both government and the public to move beyond what they described as a “moral referendum” and instead focus on protecting the health and lives of Zimbabwe’s women and girls.
