By Linda Kwanjana
The High Court in Blantyre has completed hearing the evidence in a case where a minor is seeking clarification on whether she is eligible to access safe and legal abortion under the Gender Equality Act as read with other laws including Penal Code provisions.
Presiding Judge Mike Tembo concluded the hearing of evidence in the case on Friday 16th May 2025 and adjourned the case to a later date, directing the parties to file their final submissions within 21 days.
The minor, who was 13 years old at the time she was raped and became pregnant, is being represented by lawyers from Mlauzi Legal Solutions, Nyale Institute, and Legal Aid Bureau.
She is suing the Ministry of Health, represented by the Attorney General, for failing to provide her with safe and legal abortion services despite that the continuing pregnancy was a risk to her health and life.
The Malawi Human Rights Commission (MHRC) was also made a defendant because of its duty to ensure that the Gender Equality Act is fully implemented including sexual and reproductive health and rights.
During the trial which began on Thursday 15th May 2025, four witnesses gave testimony.
On the first day, the claimant paraded two witnesses in court: the mother of the girl and a medical expert. The defendants brought MHRC Chairperson Commissioner Chikondi Chijozi. On the second day, the clinician who attended to the girl and refused to provide safe termination of pregnancy testified for the state.
The claimant’s lead Counsel, Dumisani Mlauzi of Mlauzi Legal Solutions said in an interview at the conclusion of the hearing that they were satisfied with the evidence presented before the court and would be making final submissions within the court’s stipulated time.
“I would like to highlight that this is a public interest case where the issue is whether minors who become pregnant due to sexual violence are legally entitled to terminate that pregnancy under the Gender Equality Act and other relevant laws of Malawi.”
“It is the interest of the claimant, health providers and the public that this matter be clarified. It is one of the important duties of the courts to interpret laws,” said Mlauzi.
Senior State Advocate Ndoli Chiume representing the defendants said he was satisfied with the way the case has proceeded.
“We proved to the court that the first three defendants were not negligent in this matter,” he said.
The case gives the High Court an opportunity to clarify the scope of access to safe and legal abortion under Malawi’s Gender Equality Act and related laws, which guarantee the right to sexual and reproductive health services.
The case also highlights the challenges health providers face in interpreting the current legal framework, and the barriers women and girls encounter in accessing abortion care to which they are legally entitled.
