Herald Reporter
RESTRICTIVE legal frameworks and a pervasive lack of public awareness surrounding Zimbabwe’s Termination of Pregnancy (TOP) Act of 1977 are driving thousands of women to seek dangerous, clandestine abortions, health and legal experts have warned.
Despite public health advancements elsewhere, unsafe abortions remain a leading cause of maternal mortality in the country, accounting for an estimated one in five maternal deaths. Civic groups note that four out of every 10 pregnancies in Zimbabwe are unintended, with approximately 25 per cent of those ending in termination. Research indicates that over 65,000 induced abortions were recorded in 2016 alone, the vast majority occurring outside the formal healthcare system.
Community Working Group on Health director Itai Rusike stated that the criminalisation of the procedure does not reduce its frequency, but instead forces women into unhygienic conditions managed by untrained operators.
“The topic of abortion is taboo within the African context and cultures, as it is not openly talked about, although evidence shows that it happens frequently,” Rusike said. “Women and girls continue to seek abortion services outside the health facilities, with most of these abortions being done in unhygienic conditions by people who are not trained to address the complications which may arise, leading to high morbidity and mortality.”
Rusike added that systemic confusion extends to medical professionals, citing a study revealing that only 25 per cent of healthcare providers fully understood the specific legal conditions under which a termination can be lawfully performed. This lack of clarity similarly deters women from seeking vital Post-Abortion Care (PAC) due to fear of prosecution or social victimisation.
Under Section 4 of the five-decade-old TOP Act, termination is strictly prohibited unless the pregnancy poses a direct threat to the woman’s life or physical health, carries a severe risk of permanent foetal defect, or results from unlawful intercourse such as rape or incest. Outside these narrow parameters, the procedure remains a criminal offence under the Criminal Law (Codification and Reform) Act.
Shamwari Yemwanasikana executive director Ekenia Chifamba emphasised that the administrative obstacles render the law practically unworkable for those who legally qualify.
“Zimbabwe has had a law governing abortion since 1977, yet health advocates say most people have never read it, do not understand it and cannot use it when they need it most,” Chifamba said.
Legal experts argue that the statute’s procedural architecture is deliberately obstructive. Procuring a lawful termination requires independent written certification from two medical practitioners, or a magistrate’s certificate in cases of sexual assault.
This multi-layered process must be executed at a designated state hospital, frequently causing delays that push vulnerable patients past the 22-week gestational limit.
Tsitsi Masengure, a legal expert with the Women’s Action Group, highlighted that the Act fails to explicitly cover marital rape, effectively excluding minor girls married to older spouses. She noted a historical case in Chegutu where a rape survivor was forced to carry her pregnancy to term because bureaucratic delays held up her judicial certificate until the legal window had closed.
Rights groups are currently advocating for comprehensive legislative reforms to align the TOP Act with Section 52 of the Zimbabwean Constitution, which guarantees bodily and psychological integrity alongside reproductive rights. Masengure urged traditional, religious, and policy leaders to initiate open community dialogues to destigmatise the issue and systematically address the mounting reproductive health crisis.
