By Edinah Masiyiwa
I have been closely following recent developments on access to safe abortion for women and girls in Zimbabwe. As I reflect on the Women’s Action Group’s (WAG) campaign on safe abortion in the early 1990s, I am encouraged by how far the country has come on this issue. When WAG advocated for access to safe abortion then, the organisation faced intense opposition that ultimately silenced the public campaign. Quiet, behind-the-scenes advocacy continued, eventually resulting in post-abortion care being adopted as a key component of reproductive health services—an important step in saving women’s lives.
Access to abortion in Zimbabwe is governed by the Termination of Pregnancy Act of 1977. Under this law, abortion is permitted only in the following circumstances:
(a) where continuation of the pregnancy endangers the woman’s life or poses a serious and permanent threat to her physical health;
(b) where there is a serious risk that the child will be born with a severe physical or mental disability; or
(c) where the pregnancy resulted from unlawful intercourse, such as rape or incest.[1]
This law is now outdated, restrictive, and no longer responsive to the realities faced by women and girls. Evidence shows that, despite restrictive laws, women continue to seek abortions—most of them unsafe. A 2016 study estimated approximately 66,847 induced abortions in Zimbabwe that year. The same study revealed that 40% of pregnancies were unintended, and one in four of those unintended pregnancies ended in abortion.[2]
Today, I am encouraged by renewed advocacy and key legal developments. One significant step is the High Court ruling delivered on 22 November 2024, which declared section 2(1) of the Termination of Pregnancy Act unconstitutional and invalid—marking an important advance in sexual and reproductive health and rights in Zimbabwe.[3] This ruling was referred to the constitutional court for confirmation.
Another milestone is the debate in Parliament on reviewing the Termination of Pregnancy Act. Senator Chinyanga raised a motion highlighting the shortcomings of the current law. During the debate, senators shared compelling statistics and referenced cases such as that of Mildred Mapingure, a rape survivor who was denied a timely abortion due to administrative delays. By the time authorisation was granted, it was too late. Her experience remains a painful reminder of how the system continues to fail even those eligible for termination under existing law[4].
Recently, Justice Mugomba also ruled that key provisions of the 1978 Act violate fundamental rights, particularly for mentally ill women and victims of sexual abuse in mental health institutions.[5] These rulings, combined with parliamentary discussions, demonstrate clearly that the current law is no longer fit for purpose.
On the continent, the African Commission on Human and Peoples’ Rights continues to send a clear message. In its joint statement on the Global Day of Action for Access to Safe and Legal Abortion, the Commission — through its Special Rapporteur on the Rights of Women in Africa — reaffirmed that access to safe, legal abortion is a woman’s human right under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). The statement urged all Member States to adopt laws and policies that enable affordable, accessible, and safe abortion services, to eliminate economic and administrative barriers, and to ensure that abortion care is available for all women and girls irrespective of socio-economic status.[6]
Zimbabwe has a strong Safe Abortion Coalition that has consistently advocated for a review of the law, especially in light of the country’s high maternal mortality rate, currently 362 deaths per 100,000 live births[7]—far above the Sustainable Development Goal target of fewer than 70.[8] Unsafe abortion remains one of the major contributors to maternal deaths.
As we approach 2030, Zimbabwe must urgently address preventable causes of maternal mortality. Reforming the Termination of Pregnancy Act is essential. Women who require safe abortion should be able to access it without navigating cumbersome court processes that often fail them. The case of Mildred Mapingure stands as clear evidence of the administrative barriers that deny women timely, life-saving services.[9] In the case of Mildred she gave birth to a child from a pregnancy that was a result of rape.
The National Assembly has already recommended key reforms, including allowing adolescents below 18 to access termination on demand and removing unnecessary administrative barriers.[10]
The time to reform the Termination of Pregnancy Act is now. Civil society, Parliament, the Ministry of Health and Child Care, and the Ministry of Justice, Legal and Parliamentary Affairs must prioritise this issue and urgently address the gaps identified by courts and lawmakers.
Lawmakers must recognise that abortion is health care. Zimbabwe needs a modern, rights-based law that protects the health, dignity, and lives of women and girls.
[1] Termination of Pregnancy Act – ZimLII
[2] Abortion in Zimbabwe: A national study of the incidence of induced abortion, unintended pregnancy and post-abortion care in 2016 – PMC
[3]UN Human Rights Committee Recognizes WLSA’s Landmark Legal Victory on Abortion Rights in Zimbabwe » Women and Law in Southern Africa
[4] SENATE-HANSARD-05-MARCH-2025-VOL-34-NO-31 | PDF | Abortion | Woman
[5] High Court strikes down key parts of Zimbabwe’s abortion law
[8] Maternal and reproductive health
[9] lg-08-mapingure-zimbabwe.pdf
[10] https://www.facebook.com/healthtimeszw/photos/-breaking-news-parliament-passes-major-amendments-to-abortion-lawzimbabwes-natio/1636265724461375/
