Health Ministry distances itself from extended abortion clause

THE Ministry of Health and Child Care says it is not aware of “Clause 11” of the Medical Service Amendment Bill, which proposes new grounds under which women may legally terminate pregnancy in Zimbabwe, insisting that the provision was “smuggled” into the document without the ministry’s knowledge.

According to the ministry, any amendment relating to abortion would have to be crafted under a separate Bill and not included in the Medical Services Amendment.

Speaking in Parliament, Deputy Minister of Health and Child Care Sleiman Kwidini delivered the second reading speech for the Medical Services Amendment Bill (H.B. 6, 2024), which is intended to align the country’s Medical Services Act with constitutional principles. He made no reference to “Clause 11”, which deals with expanding access to abortion, saying the ministry had not included it.

“What I want to assure this House is that Clause 11 is a surprise to us as a ministry. We were surprised to learn that when the Bill was introduced to the Senate, there was Clause 11. On the First Reading, which was done in the Lower House, there was no Clause 11, there were 10 clauses, meaning the Bill was ending on Clause 10 . . . the clause was smuggled in, it was not there originally,” he said.

Some Senators, however, said they had been expecting a debate on the clause, which they believed had been part of the version from the National Assembly.

“Minister, our understanding, based on what went through the National Assembly, was that there were issues with abortion in this Bill, specifically Clause 11; it is missing from your presentation. Was it deliberate or an omission? If it is still part of the Bill,” Sen Chief Fortune Charumbira said.

“We just heard this afternoon that you have brought it. We have been waiting for it for the past three weeks, initially, and then, of course, in December. My appeal, Mr President, is that we want to avoid the potential acrimony around this abortion business. In Shona tanga takagadzirira kurwa chaizvo (we were ready to fight against it).”

The proposed amendment drew strong criticism from some legislators and members of the public, who felt that it amounted to liberalising abortion laws in Zimbabwe. Sen Charumbira added that if Deputy Minister Kwidini was going to present on the clause, they were prepared to oppose it.

“If it is this issue, we are going to debate like never before. You will bring everyone in your ministry because this thing is going to get a lot of opposition. We did not want to just oppose without adequate preparation,” he said.

“So, my appeal is, if the abortion clause has been taken out, there is peace, let us move. If it is still there, I would propose that the debate commence tomorrow afternoon so we can organise ourselves.”

Legislators stressed that they did not want the amendment pushed through without their full knowledge and participation.

Deputy Minister Kwidini reiterated that the ministry has no connection to the clause and that it will not form part of the current Bill.

“Nevertheless, as the ministry, we are saying Clause 11 cannot be part of this Bill. Mr President, if the Senate agrees, it can come on another Bill to be amended. There is Clause 11, but the fact is that when the Ministry of Health presented this Bill in the Lower House, that Clause was not there. The minister was even shocked when he received calls to say Clause 11 is talking about abortion . . . ,” he said.

“To cut it short, the proposed amendment to Clause 11 can be on another Bill, not this one,” Kwidini added.

Among the issues raised in the disputed clause were proposals to allow medical practitioners to proceed with terminations on minors without parental consent, obtaining consent directly from the child instead, and provisions for legal terminations for pregnant women with mental illness who cannot give informed consent, subject to specific conditions.

@NyembeziMu