By Michael Gwarisa
Members of the Parliamentary Portfolio Committee on Health have begun preparations for a Private Member’s Bill seeking amendments to the Termination of Pregnancy Act (ToP). The proposed changes aim to broaden the legal grounds for abortion, allowing for greater access under specific circumstances.
A Private Member’s Bill is a proposed law introduced by a legislator who is not part of the executive (government or cabinet). In Zimbabwe, this means a Member of Parliament (MP) who is not a minister or deputy minister can introduce a bill to propose changes to existing laws or introduce new legislation.
In the case of the Termination of Pregnancy Act (ToP) amendment, if MPs want to change the law significantly, rather than just discussing it through a motion, they may need to introduce a Private Member’s Bill to push for legal reforms.
Speaking to HealthTimes on the sidelines of a Stakeholder Policy Round-Table on Safe Abortion organized by the Institute of Young Women’s Development (IYWD) in Harare, Dzivarasekwa legislator Honourable Edwin Mushoriwa said the Private Member’s Bill would expedite the process of amending the archaic law.
What now needs to be done, I think, is the need for a Private Member’s Bill to be brought before parliament so that we can actually push the amendments through and have them passed into law in Zimbabwe,” said Hon. Mushoriwa.
He added that developing or drafting a Private Member’s Bill will require a minimum of about eight months for the entire process to be completed.
“What is needed is actually the buy-in of political parties and the government, along with the drafting, debating, and finally hearing the bill, followed by consultations and public input,” he explained.
The High Court of Zimbabwe has already set the tone by pointing out the shortcomings of certain sections of the Termination of Pregnancy Act. Enacted in 1977, the Termination of Pregnancy Act permits abortion only under three circumstances: when continuing the pregnancy endangers the mother’s life or physical or mental health, when the unborn child is at substantial risk of severe abnormalities, or when the pregnancy results from rape or incest.
“We already have avenues to do that because the High Court has already said that certain sections of the Termination of Pregnancy Act are unconstitutional. As a result, we need to amend the Act to ensure it aligns with the current realities of our country,” added Hon. Mushoriwa.
Data in Zimbabwe shows that approximately 70,000 illegal abortions are performed annually. These illegal procedures have also been linked to the high number of maternal deaths Zimbabwe continues to record. According to Ministry of Health data, severe bleeding is the leading cause of maternal deaths, contributing 32%, while high blood pressure during pregnancy accounts for 19%. Infections are responsible for 11% of maternal deaths, and complications from delivery and unsafe abortions contribute 10%.
Hwange Central Constituency Member of Parliament Hon. Daniel Molokele said broadening the scope for abortion is crucial in reducing the ever-growing burden of unsafe abortions.
“We are dealing with an urgent and topical issue right now, which is the need to completely overhaul the Termination of Pregnancy Act of 1977. It’s a very old law, and it’s outdated. We need to overhaul it to broaden the scope so that people can access safe abortions,” said Hon. Molokele.
Hon. Beater Nyampinga stated that the Senate has already taken the first step and moved a motion regarding the amendment of the ToP.
“What is important at this moment is to gather the data on what we can include in the document. Initially, we wanted to move a motion, but now we will begin working on the Private Member’s Bill,” said Hon. Nyampinga.
Meanwhile, Dorcas Chitiyo, Projects Coordinator for the Health Law Policy Consortium (HLPC), applauded Parliament for taking the abortion debate a step further.
“I think it is timely for members of Parliament to start deliberating on creating a new law or amending the existing law to align with modern times. The fact that we’ve had a constraining environment where there were only limited grounds for abortion means that there were many clandestine abortions, which can have long-term effects on a woman’s health,” said Chitiyo.
She added that the existing law, which dates back to 1977, no longer serves its purpose in modern-day Zimbabwe.
