Staff Writer
HARARE – A coalition of girls’ rights and health advocates has strongly criticised the decision by the Minister of Health and Child Care to remove Clause 11 from the Medical Services Amendment Bill, calling it a significant setback for reproductive justice and alignment with constitutional provisions.
In a statement issued on Thursday, the coalition said the directive followed what it described as a sustained campaign of misinformation and warned that the deletion of the clause risks entrenching longstanding administrative barriers to accessing lawful termination of pregnancy services.
According to the group, Clause 11 was designed as an administrative reform aimed at removing outdated procedural hurdles embedded in the Termination of Pregnancy Act.
They argue that these bureaucratic requirements often delay access to services already permitted under the law, particularly for survivors of rape, incest, and women facing life-threatening health complications.
Girls’ Rights Advocate Loveness Rukuni said Clause 11 was not intended to expand abortion rights but to operationalise existing provisions in line with court rulings.
“Clause 11 was never a ‘backdoor’ to abortion on demand. It did not legalize abortion on request, nor did it expand the grounds for termination.
It was purely a technical provision to ensure survivors of rape and women whose lives or health are at risk can access care in a timely and humane manner, as our courts have already mandated,” she said.
Women’s Health Advocate Ednah Masiyiwa said the deletion disregards judicial guidance stemming from landmark rulings such as Mildred Mapingure v Minister of Home Affairs & Ors, which exposed how procedural delays can deny rape survivors timely medical care.
She also cited more recent cases, including WLSA Zimbabwe v Minister of Health & Child Care and Community Working Group on Health & Anor v Minister of Health & 2 Ors, which highlighted gaps in the law affecting minors, survivors of marital rape, and the exclusion of mental health considerations as grounds for termination.
The coalition argues that despite these rulings, authorities have yet to enact comprehensive reforms to align health legislation with constitutional standards.
They say the removal of Clause 11 represents a missed opportunity to adopt a survivor-centred and health-based approach.
Executive Director of My Age Africa Trust Onward Chironda said the debate should focus on public health outcomes rather than moral arguments.
“The debate over the Medical Services Bill was never about abstract morality; it was about mortality. It was about healthcare, which is the basic point of the entire Bill.
A right that exists only on paper is not a real right,” he said, adding that unsafe abortions remain a significant public health concern.
Despite the setback, the coalition said it remains committed to advocating for reforms. The group pledged to continue engaging Parliament and the Senate within the 18-month window provided by the High Court to amend the Termination of Pregnancy Act.
They also vowed to intensify public education efforts to counter misinformation and await confirmation from the Constitutional Court on recent rulings expected to guide Parliament in aligning health legislation with contemporary medical standards, including recognition of mental and psychological well-being.
The coalition urged government and the public to shift focus from what it described as a “moral referendum” to the health, dignity, and lives of Zimbabwean women and girls.
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