Health Correspondent
When schools reopened in January this year, a headmaster in Mbire District experienced the shock of his life. 16 girls dropped out. Upon further inquiry by the education ministry, it was revealed that the majority of these students had left due to pregnancy.
Elsewhere, several girls failed to return to class at the start of the term, with rural areas and mining communities being the most affected.
Teenage pregnancy and child marriages remain critical issues in Zimbabwe, with recent statistics revealing alarming trends.
In 2024 alone, approximately 5 700 teenage girls fell pregnant across the country. The actual figure could be higher, as some girls may have undergone illegal abortions while others may not have sought antenatal care.
According to the National Adolescent Fertility Study, facilitated by the UNFPA, the national teenage pregnancy prevalence rate surged to 22 percent in 2023, up from nine percent in 2016.
On the flip side, the number of illegal abortions is believed to be equally high—if not higher. Many girls, some as young as 13, have been forced or coerced by older partners to terminate pregnancies due to shame, fear of parenthood responsibilities, or fear of legal repercussions.
Teenagers account for nearly one in three abortion-related maternal deaths in the country.
These statistics, coupled with the growing teenage pregnancy crisis, have reignited the long-standing debate on whether Zimbabwe is ready to legalise abortion, given the moral, religious, and cultural sensitivities surrounding the issue.
Social scientists argue that the escalating teenage pregnancy problem reflects a broader failure to implement progressive and robust solutions, that protect young girls from perpetual abuse within communities.
These solutions could mitigate the plight of young mothers burdened with raising children prematurely while also preserving the lives of girls who find themselves in dire situations.
Recent legal developments in the country have brought the abortion debate back into sharp focus. A landmark ruling by the Harare High Court has reignited discussions, particularly concerning access to abortion for minors.
In December 2024, the High Court ruled a section of the Termination of Pregnancy Act unconstitutional. This significant decision, which was made following a court application brought forward by the legal advocacy group Women in Law in Southern Africa (WLSA), expanded access to safe and legal abortion for teenage girls and survivors of rape, including marital rape.
However, the ruling remains subject to confirmation by the Constitutional Court before it can be enacted.
Justice Maxwell Takuva, who presided over the case, built his ruling around the constitutional rights of children. He argued that teenage girls under the age of 18 have the right to abortion, as their pregnancies could only result from unlawful sexual relations, regardless of whether the perpetrator was prosecuted.
The ruling also extended the right to abortion for rape survivors to include women raped within marriage, aligning with the law’s recognition of marital rape as a crime.
Justice Takuva stated:
In my view, the dignity of adolescent children who are impregnated, and the dignity of married women who are raped, is adversely affected by the provisions of Section 2(1) of the Act.”
He concluded: “Section 2(1) of the Termination of Pregnancy Act is hereby declared unconstitutional and invalid.”
The court acknowledged the pervasive issue of teenage pregnancies in Zimbabwe and the associated rise in illegal abortions and adolescent maternal deaths. Justice Takuva emphasised that this ruling was part of a broader judicial effort to protect the rights of children, building on earlier landmark decisions such as the Mudzuri & Anor v Minister of Justice Legal & Parliamentary Affairs & Ors (2016) case on child marriage, and the Diana Eunice Kawenda v Minister of Justice, Legal and Parliamentary Affairs & Ors (2022) case on the legal age of sexual consent.
The recent legal developments have spurred robust national debates across, with the Senate taking up the issue. Senate has since moved a motion to legalise the termination of pregnancy, as the nation battles two growing scourge of teenage pregnancies.
Earlier this month, Senator Chinyanga moved a motion to legalise abortion, expressing grave concern over the alarming rate of unsafe and illegal abortions in Zimbabwe. He noted with concern that illegal backyard abortions often endanger the lives of women and young girls, with hundreds of lives having been lost over the years.
During the debate, Senator Chinyanga called on the Ministry of Health and Child Care to enact legislation allowing the termination of pregnancy during the first trimester in cases of unwanted pregnancies.
He asserted: “The ministry should ensure that access to abortion services is available nationwide.”
The High Court ruling and ongoing Parliamentary debate have drawn widespread attention and mixed reactions.
Women’s organisations and reproductive health advocates have hailed the developments as progress toward achieving full sexual and reproductive health rights for women and girls.
Women Action Group chief executive officer, Ms Edinah Masiyiwa, hailed the recent High Court ruling as a progress development.
“We welcome the ruling. It aligns with the age of sexual consent. If a girl below 18 falls pregnant, it means she has been raped. She should then have the option to terminate the pregnancy if she chooses to do so.”
She added: “According to the law, if a girl below 18 falls pregnant, it is considered rape. Rape is one of the circumstances under which termination of pregnancy is allowed.”
“Many girls under 18 have been raped and impregnated by older men, carrying the burden for the rest of their lives. This ruling gives hope that such tragedies may soon be a thing of the past,” said a 54-year-old Harare woman, who identified herself only as Nthokozo.
Despite the applause from women’s organisations and reproductive rights advocates, traditionalists have started sharpening their swords in preparation for a bruising battle, to oppose the ruling and the push to legalise abortion.
Madzibaba Cryrage, a member of the Johane Masowe yeChishanhu-Imba YeJerusarema apostolic sect in Guruve, said:
“This is unheard of. We cannot allow abortion unless it is due to rape—never. Kana mhiri yegungwa nguva yaJesu, kana yevatumwa, kana izvezvi, kuuraya chiri mudumbu, kwairambwa, nguva dzese.”
As Zimbabwe grapples with the crisis of teenage pregnancies, child marriages, and unsafe abortions, the nation stands at a crossroads. The legal and Parliamentary debates on abortion have sparked hope for some while igniting fierce resistance from others.
The Constitutional Court’s final decision will shape the future of reproductive health rights in Zimbabwe, either by paving the way for progressive reforms or reaffirming the status quo. For now, the nation waits with bated breath.
