Kuda Pembere
All eyes are on the Zimbabwean Senate as it prepares to resume parliamentary business on February 10, with the Medical Services Amendment Bill set to be the first item on the agenda this year.
The Bill is scheduled for its Second Reading.During the Second Reading stage, the responsible minister, Health and Child Care Minister Dr Douglas Mombeshora, will outline the purpose of the Bill, after which Members of Parliament will debate its general principles and merits. A vote is taken at the end of this stage.
Among the proposed changes are provisions empowering the health minister to determine maximum fees that private hospitals may charge for certain services, the introduction of criminal penalties for parents or guardians who prevent a child from receiving treatment deemed to be in the child’s best interests, and an obligation on all health institutions to treat prisoners and detained persons at the state’s expense.
The Bill also seeks to compel private health facilities to provide emergency medical treatment to patients regardless of their ability to pay.Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi told Parliament last year that the Medical Services Amendment Bill seeks to align the Medical Services Act with “fundamental principles enshrined in our Constitution.”
“This Bill is a testament to our commitment to ensuring that every citizen and permanent resident of our nation has access to essential health services. The Bill’s primary objective is to uphold constitutional rights related to health, and these rights are clearly stipulated in the Constitution,” Ziyambi told the National Assembly.
Explaining specific clauses, the minister said Clause 3 introduces a new Section 7A, which mandates that health institutions provide treatment to persons under arrest, detention or imprisonment on the same terms and conditions as other admitted patients, either at the expense of the state or at the individual’s election.
“This is a crucial step towards upholding the dignity and rights of all individuals, regardless of their circumstances,” he said.
Ziyambi added that Clause 8 inserts a new Section 12A, which prohibits private health institutions from refusing emergency medical treatment, in line with Section 76(3) of the Constitution.
“This mandates private institutions to admit patients suffering from life-threatening conditions for a period of not less than 48 hours for stabilisation, even if they cannot afford treatment. This is a lifeline for many, and the Bill also allows for agreements between the minister and private institutions for cost recovery,” he said.
Clause 9, he said, amends Section 13 of the Act, which deals with fees and charges payable at private health institutions. Under the current law, private hospitals are barred from charging fees above prescribed limits or increasing them beyond set percentages without ministerial approval, with an exemption for fees already in place before a fixed date.
“The amendment repeals this proviso. All fees and charges at private health institutions, regardless of when they were introduced, will now be subject to prescribed maximums and percentage increases unless specifically approved by the minister,” Ziyambi said.
“This change ensures greater oversight and control over the cost of private healthcare, aiming to protect patients from exorbitant charges.”He described the Bill as “a progressive and essential piece of legislation” that seeks to ensure healthcare is accessible to all and not treated as a privilege.
Beyond health financing and access, the Bill also contains provisions touching on the highly contested issue of abortion.
In October 2025, the National Assembly approved sweeping amendments to the Termination of Pregnancy Act [Chapter 15:10] of 1977. The proposed changes, introduced through the Medical Services Amendment Bill, now await Senate consideration before possible presidential assent.
The outcome of the Senate process will determine whether Zimbabwe’s reproductive health laws are aligned with the 2013 Constitution, prevailing medical evidence, and contemporary public health realities.
The Senate has emerged as a decisive arena in the reform process, with its approval or rejection set to shape both the legal framework governing abortion care and the health outcomes of thousands of women and girls affected by restrictive access.
The proposed amendments signal a shift from a punitive legal framework towards a regulated health services model.
Key provisions include allowing termination on request up to 12 weeks of gestation and extending access up to 20 weeks where pregnancy poses risks to physical health, mental well-being, or socio-economic stability.
The Bill also removes the requirement for magistrate approval, recognising abortion as a medical service rather than a judicial matter. It proposes expanding the pool of service providers by allowing trained nurses and midwives to offer first-trimester services, in line with World Health Organization guidelines.
In addition, it allows minors under the age of 18 to consent independently, citing constitutional rights to bodily autonomy and access to healthcare.Supporters argue that the proposals are not radical by regional or global standards, noting that similar legal frameworks exist in countries such as South Africa, Mozambique and Ethiopia, where reforms have been linked to significant reductions in maternal deaths associated with unsafe abortions.
Last November, a coalition of organisations working in women’s rights and child protection urged the Senate to urgently pass the proposed amendments, arguing that the reforms are necessary to protect adolescent girls from unsafe abortions and to bring the law into line with the Constitution.
