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

What the report says

Zimbabwe’s Constitutional Court has overturned, for now, a High Court decision that struck down part of the country’s abortion law, sending the dispute back for a full rehearing. According to New Zimbabwe, the case concerns section 2(1) of the Termination of Pregnancy Act, which defines “unlawful intercourse” and is linked to when a pregnancy may be lawfully terminated under the law.

The challenge was brought by Women and Law in Southern Africa and Talent Forget. They argued the law unfairly excluded pregnancies resulting from sex with minors and marital rape. The High Court in November 2024 had ruled that the provision was unconstitutional, but the Constitutional Court said the earlier proceedings were procedurally flawed because government and Parliament did not meaningfully take part.

The unanimous bench, led by Justice Ben Hlatshwayo, said public bodies cannot simply say they will “abide” by a judgment in a case with major public interest consequences. The court also said Parliament’s ongoing work on possible amendments, including the Medical Services Bill, 2025, was relevant and should have been placed before the lower court. The court did not rule on the substance of the constitutional challenge, instead ordering the matter to be heard afresh.

The case sits within a wider debate over reproductive health, adolescent pregnancy and access to safe termination services in Zimbabwe. The applicants cited the impact on vulnerable girls and children, while the court stressed that the legal issues must be fully argued before any final constitutional determination is made.