Introduction

Termination of pregnancy in Zimbabwe is controlled by statute.  This is a constitutional application in respect of which the applicants seek to persuade the court to outlaw or read in to the definition of “unlawful intercourse” contained in s 2(1) of the Termination of Pregnancy Act [Chapter 15:10] hereinafter referred to as the “Act” to allow children below the age of 18 and married women, who are victims of marital rape to have access to legal abortion as provided for in terms of s 4 of the Act.

The application is significant in light of the massive instances of teenage pregnancies in Zimbabwe, and consequently illegal teen abortions and teenage mortalities.  In that regard, this application is a sequel to the protection of children granted in the child marriage case of M & Anor v Minister of Justice Legal & Parliamentary Affairs & Ors 2016(2) ZLR 45 (CC) and the age of sexual consent case of Diana Eunice Kawenda v Minister of Justice Legal and Parliamentary Affairs & Ors CCZ 3/22.