Source: Traditional leaders thwart attempt to smuggle in contentious clause on abortion – herald
Zvamaida Murwira
Senior Reporter
A CLAUSE in the Medical Services Amendment Bill that sought to legalise abortion was removed after traditional leaders protested, describing it as an abomination and taboo against traditional practices, The Sunday Mail has learnt.
The Bill had sailed through the National Assembly, but the Senate rejected it after traditional leaders said they could not approve of a practice that runs against traditional customs.
At its core, Clause 11 proposed sweeping reforms to the country’s legal framework on abortion, among them allowing termination of a pregnancy on request up to 20 weeks, permitting minors to undergo the procedure without parental consent, removing the requirement to notify a spouse and authorising a single medical practitioner to approve a termination.
The traditional leaders, led by deputy president of the National Chiefs Council Fortune Charumbira, vehemently rejected the proposal.
Debate was further complicated when Health and Child Care Deputy Minister Sleiman Kwidini said the ministry was not aware of the clause as it was reportedly not deliberated in the National Assembly.
Following the removal of the contentious clause, the Bill has since been sent back to the National Assembly in terms of the law for it to consider amendments made by Senate.
Opening the debate, Chief Charumbira questioned why Deputy Minister Kwidini’s Second Reading speech was silent on Clause 11, which was in the version of the Bill presented to the Senate.
“May I begin by saying thank you, Honourable Minister, for this Bill. But I have some requests. 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?” asked Chief Charumbira.
“If it is still part of the Bill, Mr President, I request that we do not proceed with this debate this afternoon, given the importance of this Bill.
“We want to be informed that you are coming. We just heard this afternoon that you have brought it (the Bill). 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.
“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.”
Midlands traditional leader Chief Ngungumbane also agreed with Chief Charumbira.
“I join my colleagues who have spoken before me. Firstly, Clauses 1-10, we are in support.
“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. 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,” he said.
In response, Deputy Minister Kwidini said they were equally surprised by the clause.
“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,” he said.
“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.”
Following deliberations, Deputy Minister Kwidini moved for the deletion of Clause 11 from the Bill, which was adopted before it sailed through Senate.
The Bill has since been recommitted to the National Assembly, and the Speaker of Parliament, Advocate Jacob Mudenda, has since notified the House of the return of the Bill.
“I have received the Medical Services Amendment Bill [H.B. 6B, 2024] from the Senate with an amendment.
“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,” said Adv Mudenda.
In terms of the Bill, private hospitals will no longer be allowed to increase their service charges without Government approval and will be legally required to admit patients in life-threatening conditions for at least 48 hours — even if they cannot pay upfront.
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