Zimbabwe: Constitutional Court Sends Abortion Law Challenge Back to High Court

The Constitutional Court in Zimbabwe has overturned a High Court ruling that deemed part of the country's abortion law unconstitutional. The court ruled that the government and Parliament did not properly participate in the case, which has significant public consequences. The respondents' decision to merely comply with the High Court's decision, without providing critical arguments and information, was deemed unacceptable, especially in a case involving fundamental rights, children, and reproductive health.

The challenge was brought by Women and Law in Southern Africa and Talent Forget, who sought to declare section 2(1) of the Termination of Pregnancy Act unconstitutional. The provision excludes pregnancies from sexual intercourse with minors and marital rape from the definition of unlawful intercourse. The High Court ruled the provision unconstitutional in November 2024, but the Constitutional Court found the proceedings to be flawed as the respondents did not meaningfully contest the application.

The court noted that Parliament was debating amendments to the abortion law during the litigation, and the National Assembly passed the Medical Services Bill 2025, which would redefine unlawful intercourse and allow minors to access termination of pregnancy during the first 12 weeks. The Constitutional Court emphasized that the respondents should have engaged with the proceedings, and that the government's attempt to introduce new arguments only at the confirmation stage was untenable.

The court accepted the applicants' standing to bring the case in the public interest due to its impact on vulnerable children. However, the court did not determine whether the challenged provision was constitutional or not, as the procedural defects required a fresh hearing. Consequently, the matter will be remitted to the High Court for a new hearing.