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.

APPLICANT'S FOUNDING AFFIDAVIT I, 
the undersigned, 
FREEMAN CHARI 
make oath and state that:-

l. I am the Applicant in this matter. The facts I depose to herein be within my personal knowledge and to the best of my knowledge and belief, true and correct. Where I make averments regarding the law, I do so on the advice of my legal practitioners.

FURTHER TAKE NOTICE THAT if you intend to oppose this application you will have to so on an urgent basis and for that reason:

The applicants are moving me to grant them a declaratur and consequential relief. The premise of this application on the provisions of the Electoral Act [Chapter 2:13} ("the Act ").

IT IS ORDERED THAT:

This is an application which, in the main, seeks an order adpecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment.

YVONNE MUSARURWA

and