By Andile Nsibande | 2020-09-30

IT has been a long ignored debate, yet a subject that is considered crucial if the country aims to take that huge leap to close the gender divide.

It only took the boldness of High Court Judge Qinisile Mabuza, who did not hesitate to put herself in the hornet’s nest, with her recent call for the legalisation of abortion – a subject considered by many as very sensitive and controversial.

In fact the country’s constitution is opposed to abortion, but only due to certain circumstances. It took the learned judge a long thinking process to come to the decision, apparently after noting the consequences the burden of  unwanted pregnancies cause to some women. The issue of access to reproductive health  services has been described by some as one of economic justice. The advent of the coronavirus pandemic has seen many young girls falling pregnant.

Mostly affected, it has been reported, are the rural poor whose families do not have the financial resources to support or raise the babies, continuing the vicious cycle of intergenerational poverty in the process. 

Deputy Prime Minister Themba Masuku has described the high rate of teenage pregnancy as a very worrying for the future of the country, and as a result, a study was initiated in a search for policy solutions.

Even though the termination of unwanted pregnancies had never in the past been forwarded as the answer towards solving unwanted pregnancies, the call by the learned judge might as well provide the panacea to cure society of this malaise, according to some interviewed members of the public. Family Life Association of Swaziland (FLAS), a leader in Sexual and Reproductive Health and Rights delivery and youth programming in the country, were of the view that the illegality of abortion often posed serious risks to women, and that its legalisation could help to protect their reproductive and health rights.

Acting Director Bongani Msibi said it was necessary for women to be able to decide their destinies and make their own choices about their lives.

“As an organisation, we operate within the legal framework of the country where abortion is restricted to certain conditions. However, there are some underlying causes which we need to deal with first as a country. Usually, abortions are a result of unwanted pregnancies, which at times are caused by lack of finances or inaccessibility of reproductive health services. 

This may partly be caused by inequalities in the family, where the women have less say than the husbands on issues of planning pregnancies. So, under such circumstances the women end up being left alone to shoulder the responsibilities, while lacking in financial resources.

“We say that is where the government should empower women with the right to decide what to do when faced with such situations,” he said.

Approached

A shop assistant, a mother of three, who was also approached by this publication yesterday, was of the view that in order for the country to win the gender-divide issue, there is a dire need for women of the judge’s calibre to help in decision-making corridors.

“She has sent a political message that the subject is worth debating. I strongly believe that the ideas that may come out of such a debate could as well assist in policy solutions regarding the issue of unwanted babies.

“After all, young women continue to terminate pregnancies in unsafe ways, maybe its legalisation could also go a long way towards ensuring the safety of young women,” said the 32-year-old woman.

The mother of three was among the few who were prepared to take the bull by its horns and get into the contentious debate.

She conceded that this will definitely make for some heated and passionate confrontations, but she said she believed such vibrancy was vital in the search for solutions to societal problems.

“Of course, there is the issue of ethics or morals, but at the same time it is never appropriate for one sector of society to impose their own beliefs. This is an issue that involves legitimate behaviour like sexual relations. As women we got to be able to make our own decisions around those issues,” argued the woman. Women and the Law of Southern Africa (WLSA) Acting Director Zanele Thabede said her organisation felt all issues needed to be clearly articulated at national level. She insisted that it did not matter whether one was for or against the idea of voluntary abortion because all that matter was the meaningful conversations, which would be aimed at resolving what had been identified as a societal problem.

She reiterated the call by the DPM to have a meaningful debate on the issue.

The Human Rights Commission, on the other hands has considered it necessary for the country to balance the right to life and the reproductive rights of women.

Currently, the country’s constitution allows abortion only if the woman is in a health risk, and it does not permit the performance of abortion on a voluntary basis. 

This is in stark contrast to other countries, where women are allowed to have an abortion during the first trimester of their pregnancy.  After that, it is only permitted for therapeutic reasons – if the health of the foetus or the mother is deemed to be seriously at risk. This is particularly the discrepancy that has been noted in the country’s statute books, which still does not have an enabling legislation that operationalises Section 15 of the Constitution, which could take cognisance of other societal changes and other considerations. Head of the Human Rights  and  Integrity  Commission Sabelo Masuku said they were in fully support of the call by the judge to have the country revisit its stance on abortion. “Honourable judges of the courts sit at a very strategic place to see the prevalence of certain acts to which our laws should speak to,” he said.

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