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Harare High Court
WOMEN IN LAW IN SOUTHERN AFRICA, TALENT FORGET v MINISTER OF HEALTH AND CHILD CARE and THE PARLIAMENT OF THE REPUBLIC OF ZIMBABWE AND THE ATTORNEY GENERAL OF ZIMBABWE
HH 552-24
Case Details
Court
Harare High Court
Date
22 November 2024
Citation
HH 552-24
Neutral Citation
[2024] ZWHH 552
Outcome
unknown
Case Type
Application
Bench
Presiding
TAKUVA J
Full Bench
TAKUVA J
Areas of Law
Constitutional LawFamily LawAdministrative Law
Keywords
AbortionUnlawful intercourseMarital rapeTeenage pregnancyChild rightsSection 81 ConstitutionSection 51 ConstitutionSection 53 ConstitutionSection 56 Constitution
Tags
Termination of PregnancyChildren's RightsConstitutional LawWomen's Rights
legislation
Statutes Cited
- Termination of Pregnancy Act
- Termination of Pregnancy Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Law Codification and Reform Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 2(1) of the Termination of Pregnancy Act is unconstitutional for excluding pregnancy from minors and marital rape victims from the definition of \"unlawful intercourse\"","issue_type":"constitutional","dispositive":"yes","related_facts":"Definition of unlawful intercourse; age of consent; criminalization of marital rape"}
- {"issue_text":"Whether the court should read in or sever provisions of section 2(1) or declare it invalid","issue_type":"procedural","dispositive":"yes","related_facts":"Court's power under section 175(6) of Constitution"}
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background
Facts of the Case
Background
The applicants, WOMEN IN LAW IN SOUTHERN AFRICA and TALENT FORGET, brought a constitutional application seeking to declare section 2(1) of the Termination of Pregnancy Act unconstitutional. They argued that the definition of "unlawful intercourse" should be expanded to include pregnancy from minors and marital rape victims to allow them access to legal abortion under section 4 of the Act.
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