'Abortion on demand' clause deleted from Medical Services Amendment Bill

Traditional leaders in the Senate have rejected a controversial clause in the Medical Services Amendment Bill that would have allowed abortion "on demand", forcing the proposed law back to the National Assembly for reconsideration.

The clause, which sought to significantly expand access to abortion, was removed after strong opposition from traditional leaders who argued it conflicted with Zimbabwean customs and values.

Clause 11 of the Bill proposed sweeping changes to the country's abortion laws. These included allowing termination of pregnancy on request up to 20 weeks, permitting minors to undergo the procedure without parental consent, removing the requirement to notify a spouse, and allowing a single medical practitioner to authorise the procedure.

Traditional leaders, led by the deputy president of the National Chiefs Council, Fortune Charumbira, strongly objected to the clause during Senate deliberations.

Deputy Health and Child Care Minister Sleiman Kwidini told the Senate the ministry had not been aware of the clause, claiming it had not been debated during proceedings in the National Assembly.

With Clause 11 removed, the Bill has now been sent back to the National Assembly for consideration of the Senate's amendment.

Charumbira questioned why the deputy minister's Second Reading speech had made no mention of the clause, even though it appeared in the version of the Bill presented to the Senate.

A Midlands traditional leader, Chief Ngungumbane, backed Charumbira's concerns, saying traditional leaders supported Clauses 1 to 10 but could not approve Clause 11.

"Clause 11, we would like to find out from the minister whether it was an omission, deliberate or otherwise, because I fear that if we pass these and leave that clause unattended, it will be passed on a technicality," he said.

"If the minister could clarify whether Clause 11 is within the Bill, because from the copies we received, there were amendments made in the National Assembly, adopted and passed, and surprisingly, they came to the Senate."

In response, Kwidini said he and his team were equally surprised by the clause.

He explained that when the Bill was first introduced in the National Assembly it had only 10 clauses, ending at Clause 10. He said Clause 11 appeared only after further deliberations in the lower house.

Following the concerns raised in the Senate, Kwidini moved to delete Clause 11 from the Bill — a motion that was adopted before the Bill was passed by the upper chamber.

The legislation has now been returned to the National Assembly, with Speaker of Parliament Jacob Mudenda formally notifying the House.

"I have received the Medical Services Amendment Bill [H.B. 6B, 2024] from the Senate with an amendment," Mudenda said.

"Accordingly, in terms of Standing Order Number 119, the Bill shall be recommitted to the committee of the whole House for the purposes of considering the said amendment."

Apart from the abortion clause controversy, the Bill proposes several healthcare reforms. These include requiring private hospitals to obtain government approval before increasing service charges and obliging them to admit patients in life-threatening conditions for at least 48 hours, even if they cannot pay upfront.