| Country | On request |
Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|
Zimbabwe |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
|
Gestational limit
The National Guidelines for Post-Abortion Care define abortion as termination of pregnancy before 22 weeks of gestation or less than 500g foetal weight. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
|
Gestational limit
The National Guidelines for Post-Abortion Care define abortion as termination of pregnancy before 22 weeks of gestation or less than 500g foetal weight. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
Additional notesAbortion is not permitted in case of “rape within a marriage.” |
Gestational limit
The National Guidelines for Post-Abortion Care define abortion as termination of pregnancy before 22 weeks of gestation or less than 500g foetal weight. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
|
Intellectual or cognitive disability of the womanNo Related documents: |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
|
Gestational limit
The National Guidelines for Post-Abortion Care define abortion as termination of pregnancy before 22 weeks of gestation or less than 500g foetal weight. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
|
Gestational limit
The National Guidelines for Post-Abortion Care define abortion as termination of pregnancy before 22 weeks of gestation or less than 500g foetal weight. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
|
Other (where provided)Sexual intercourse in contravention of section 4 of the Sexual Offences Act [Chapter 9:21] which prohibits extra-marital sexual intercourse or immoral or indecent acts committed with an intellectually handicapped person. Related documents:Additional notesThe National Guidelines for Post-Abortion Care define abortion as termination of pregnancy before 22 weeks of gestation or less than 500g foetal weight. Related documents: |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other (where provided) |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zimbabwe |
Authorization of health professional(s)Yes Related documents:Number and cadre of health-care professional authorizations required
To terminate pregnancy on the grounds of threat to life or physical health, or malformation of the foetus, the hospital superintendent can only permit a medical practitioner of the institution to provide abortion if a second medical practitioner certifies. Otherwise, two medical practitioners who are not of the same medical partnership or involved in the same medical practice should certify. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesIn order to terminate pregnancy on the grounds of threat to life or physical health, or malformation of the foetus, the hospital superintendent can only permit a medical practitioner of the institution to provide abortion if a second medical practitioner certifies. Otherwise, two medical practitioners who are not of the same medical partnership or involved in the same medical practice should certify. |
Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
Additional notesThe Minister has discretion to issue an instrument declaring a hospital, clinic or institution to be a designated institution for purposes of the Act. Related documents: |
Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
|
Judicial authorization in cases of rapeYes Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
Additional notesTo access abortion on the ground of rape, the woman is required to have a certificate from the magistrate. To issue the certificate, the Magistrate ought to be satisfied that the woman launched a complaint with the authorities, and after examining documents submitted to him by the authorities, and after interrogating the woman concerned or any other person the magistrate considers necessary, he is of the opinion that on a balance of probabilities, there is a reasonable possibility that the pregnancy was a result of unlawful intercourse. |
Police report required in case of rapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
|
Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
|
Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
|
Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
|
Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
|
Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
|
Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
|
No data | No data |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Zimbabwe |
No data |
Methods allowedVacuum aspirationYes (13 WEEKS) Dilatation and evacuationYes (13 WEEKS) Combination mifepristone-misoprostolNot specified Misoprostol onlyNot specified Other (where provided)Dilatation and curettage (Early Second Trimester) Dilation and curettage are permitted in the first trimester and early second trimester with or without prior use of misoprostol. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
|
Country recognized approval (mifepristone / mife-misoprostol)Yes Related documents:Pharmacy selling or distributionYes, with prescription only WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
|
Country recognized approval (misoprostol)Yes, for gynaecological indications Misoprostol allowed to be sold or distributed by pharmacies or drug storesYes, with prescription only WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
|
Where can abortion services be providedRelated documents:Primary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
|
National guidelines for post-abortion careYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
|
Where can post abortion care services be providedPrimary health-care centresYes Secondary (district-level) health-care facilitiesYes Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified Other (if applicable)Tertiary level of health care delivery system: general, provincial and central hospitals WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
|
Contraception included in post-abortion careYes Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
|
No data |
Who can provide abortion servicesRelated documents:NurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Yes Specialist doctor, including OB/GYNNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
|
Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
|
| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Zimbabwe |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
|
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zimbabwe |
|
Concluding ObservationsCEDAW“[....] The Committee is further concerned that the restrictive abortion law and the lengthy procedures for authorizing abortions according to the exceptions allowed by law lead women to seek illegal abortions which are often unsafe. The Committee is also concerned at women’s limited access to quality reproductive and sexual health services, especially in rural and remote areas. The Committee is further concerned that the HIV/AIDS epidemic continues to be a health challenge in the State party, despite reports of a significant fall in the rates of infection.The Committee urges the State party to: (…) (e) Provide women with access to quality services for the management of complications arising from unsafe abortions so as to reduce maternal mortality rate, as well as consider reviewing the law relating to abortion with a view to removing punitive provisions imposed on women who undergo abortion for unwanted pregnancies, in line with the Committee’s general recommendations No. 24 on women and health, and review the procedures for the exceptions that are allowed by law.”
|
|
|
Concluding ObservationsCRC“While welcoming the efforts of the State party to improve adolescent health, the Committee is nonetheless extremely concerned about: [….] (c) The restrictive abortion law and the lengthy procedures for authorizing abortions, which result in illegal and unsafe abortions; [….] In the light of its general comment No. 4 (2003) on adolescent health and development in the context of the Convention, the Committee urges the State party to: [….] (c) Take urgent measures to reduce maternal deaths relating to teenage abortions and ensure children’s access to safe abortion and post-abortion care services, in law and in practice; (d) Ensure the alignment of legislation with the Constitution to prevent discrimination against adolescents on the basis of marital status, particularly with regard to their access to reproductive health services without the consent of a parent or a guardian.”
|
|
|
|
|
|
|
|
Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Zimbabwe |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
PenaltiesCRIMINAL LAW (CODIFICATION AND REFORM) ACT 60 Unlawful termination of pregnancy (1) Any person who (a) intentionally terminates a pregnancy; or (b) terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy; shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. Termination of Pregnancy Act 3 Prohibition of termination of pregnancy otherwise than in accordance with this Act (1) No person may terminate a pregnancy otherwise than in accordance with this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 5 Conditions under which pregnancy may be terminated (5) A superintendent of a designated institution who— (a) gives the permission referred to in subsection (1) without being satisfied as to the matters referred to in subsection (2); or (b) gives the permission referred to in subsection (1) on a certificate referred to in subsection (2) which he knows to be false in a material particular or does not know or reasonably believe to be true; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. (6) Any person who— (a) issues a certificate for the purposes of subsection (2) which he knows to be false in a material particular or does not know or reasonably believe to be true; or (b) makes any allegation or statement for the purposes of subparagraph (ii) of paragraph (a) or paragraph (b) of subsection (4) which he knows to be false in a material particular or does not know or reasonably believe to be true; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 7. Emergencies (2) Where a medical practitioner has acted in terms of subsection (1), he shall within forty-eight hours prepare and submit a report in the prescribed form on the matter to the Secretary. (3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 8. Information to be forwarded to the Secretary (1) A superintendent shall, within fourteen days of the receipt of such documents, submit to the Secretary any certificates referred to in subsection (2) of section five. (2) The Secretary may at any time in writing or through any person designated by him require a superintendent or a medical practitioner who may have knowledge of the termination of a pregnancy to provide any information in regard to that termination of pregnancy which he may specify, whether or not this Act has been complied with. (3) Any person who is required to provide information in terms of subsection (2) shall comply with such requirement, whether or not the information tends to incriminate him in an offence. (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
PenaltiesCRIMINAL LAW (CODIFICATION AND REFORM) ACT 60 Unlawful termination of pregnancy (1) Any person who (a) intentionally terminates a pregnancy; or (b) terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy; shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. Termination of Pregnancy Act 3 Prohibition of termination of pregnancy otherwise than in accordance with this Act (1) No person may terminate a pregnancy otherwise than in accordance with this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 5 Conditions under which pregnancy may be terminated (5) A superintendent of a designated institution who— (a) gives the permission referred to in subsection (1) without being satisfied as to the matters referred to in subsection (2); or (b) gives the permission referred to in subsection (1) on a certificate referred to in subsection (2) which he knows to be false in a material particular or does not know or reasonably believe to be true; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. (6) Any person who— (a) issues a certificate for the purposes of subsection (2) which he knows to be false in a material particular or does not know or reasonably believe to be true; or (b) makes any allegation or statement for the purposes of subparagraph (ii) of paragraph (a) or paragraph (b) of subsection (4) which he knows to be false in a material particular or does not know or reasonably believe to be true; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 7. Emergencies (2) Where a medical practitioner has acted in terms of subsection (1), he shall within forty-eight hours prepare and submit a report in the prescribed form on the matter to the Secretary. (3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 8. Information to be forwarded to the Secretary (1) A superintendent shall, within fourteen days of the receipt of such documents, submit to the Secretary any certificates referred to in subsection (2) of section five. (2) The Secretary may at any time in writing or through any person designated by him require a superintendent or a medical practitioner who may have knowledge of the termination of a pregnancy to provide any information in regard to that termination of pregnancy which he may specify, whether or not this Act has been complied with. (3) Any person who is required to provide information in terms of subsection (2) shall comply with such requirement, whether or not the information tends to incriminate him in an offence. (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
PenaltiesCRIMINAL LAW (CODIFICATION AND REFORM) ACT 60 Unlawful termination of pregnancy (1) Any person who (a) intentionally terminates a pregnancy; or (b) terminates a pregnancy by conduct which he or she realises involves a real risk or possibility of terminating the pregnancy; shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. Termination of Pregnancy Act 3 Prohibition of termination of pregnancy otherwise than in accordance with this Act (1) No person may terminate a pregnancy otherwise than in accordance with this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 5 Conditions under which pregnancy may be terminated (5) A superintendent of a designated institution who— (a) gives the permission referred to in subsection (1) without being satisfied as to the matters referred to in subsection (2); or (b) gives the permission referred to in subsection (1) on a certificate referred to in subsection (2) which he knows to be false in a material particular or does not know or reasonably believe to be true; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. (6) Any person who— (a) issues a certificate for the purposes of subsection (2) which he knows to be false in a material particular or does not know or reasonably believe to be true; or (b) makes any allegation or statement for the purposes of subparagraph (ii) of paragraph (a) or paragraph (b) of subsection (4) which he knows to be false in a material particular or does not know or reasonably believe to be true; shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 7. Emergencies (2) Where a medical practitioner has acted in terms of subsection (1), he shall within forty-eight hours prepare and submit a report in the prescribed form on the matter to the Secretary. (3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 8. Information to be forwarded to the Secretary (1) A superintendent shall, within fourteen days of the receipt of such documents, submit to the Secretary any certificates referred to in subsection (2) of section five. (2) The Secretary may at any time in writing or through any person designated by him require a superintendent or a medical practitioner who may have knowledge of the termination of a pregnancy to provide any information in regard to that termination of pregnancy which he may specify, whether or not this Act has been complied with. (3) Any person who is required to provide information in terms of subsection (2) shall comply with such requirement, whether or not the information tends to incriminate him in an offence. (4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
PenaltiesNone found |
|
Source document: 
Back to top