CLAIM: In Zimbabwe, abortion is illegal except under specific circumstances, such as cases involving rape, incest, threats to the mother’s health or if the child may be born with defects. Abortion is also punishable by up to five years in prison.
SOURCE: NewZimbabwe.com
VERDICT: True
NewZimbabwe.com, an online publication on November 7, 2024, in an article headlined: ‘Bulawayo teen arrested for abortion, burying foetus in shallow grave,’ claims that abortion in Zimbabwe is only permissible in cases involving rape, incest, threats to the mother’s health or if the child may be born with defects. The publication further claims that the crime is punishable by up to five years imprisonment.
The NewZimbabwe.com article refers to the arrest of an 18-year-old Bulawayo woman, Celine Ngwenya, for allegedly illegally terminating her pregnancy using abortion pills on 2 November 2024 at a house in Pumula South.
“In Zimbabwe, abortion is illegal except under specific circumstances, such as cases involving rape, incest, threats to the mother’s health, or if the child may be born with defects,” reads the story on the publication’s website.
“Abortion is also punishable by up to five years in prison.”
Section 4 of the Termination of Pregnancy Act provides only three grounds under which pregnancy can be lawfully terminated in Zimbabwe. This can only be done by a registered medical practitioner authorised by a court order. The grounds are as follows:
a.) If the pregnancy endangers the life of the woman and could result in permanent impairment to her physical health.
b.) When there is a risk that the child to be born will suffer from a physical or mental defect which is a serious risk to them.
c.) Where there is a reasonable possibility that the pregnancy was conceived as a result of unlawful intercourse.
Unlawful intercourse according to the Act includes rape and incest.
Conditions under which abortion may be carried out
Strict conditions under which a pregnancy can be terminated are spelt out in Section 5 and some parts of the Termination of Pregnancy Act. As part of those conditions, a pregnancy may only be terminated by a medical practitioner in a designated institution with the permission in writing of the superintendent thereof.
Section 5 (4) of the Act reads: ‘A pregnancy may only be terminated on the grounds referred to in paragraph (c) [unlawful intercourse] of Section four by a medical practitioner after a certificate has been issued by a magistrate of a court in the jurisdiction of which the pregnancy is terminated…’
Section 10 of the Act stipulates that no one is permitted to assist in the termination of pregnancy without legal authorisation, including medical practitioners, nurses, or any person employed in a hospital. In addition, Section 11 states no person is allowed to receive or offer extra fees in connection with the termination of pregnancy other than the prescribed fees paid to the institution.
Penalty for abortion in Zimbabwe
According to Section 3 of the Termination of Pregnancy Act, abortion can attract a penalty of a fine not exceeding level ten to imprisonment for a period not exceeding five years or both such fine and such imprisonment.
Section 3 of the Act reads as follows:
“(1) No person may terminate a pregnancy otherwise than in accordance with this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”
Section 60 of the Criminal Law (Codification and Reform) Act, which deals with unlawful termination of pregnancy also says:
“(1) Any person who (a) intentionally terminates a pregnancy; or (b) terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy; shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.”
Conclusion
The claim: “In Zimbabwe, abortion is illegal except under specific circumstances, such as cases involving rape, incest, threats to the mother’s health or if the child may be born with defects. Abortion is also punishable by up to five years in prison,” has been rated as true. The Termination of Pregnancy Act [Chapter 15:10] outlaws abortion except under circumstances highlighted in the NewZimbabwe.com article. Furthermore, abortion, according to the same Act and the Criminal Law (Codification and Reform) Act can attract a penalty of a fine not exceeding level ten to imprisonment for a period not exceeding five years or both such fine and such imprisonment.
