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Litigating Reproductive Justice in Africa

Malawi

The Penal Code of Malawi in sections 149, 150, and 151 prohibit any form of abortion including aiding and trading in materials for abortion with a maximum of 14 yeas imprisonment for the service provider, 7 years for the women and 3 years for the trader. Section 243 creates an exception to the restriction if the woman’s life is in danger. Malawi has enacted the Gender Equality Act and an SRHR policy that provides for equal access to SRHR services including the right to control fertility, access to adequate health care including reproductive healthcare.

Acts

Cases

Policies

    The political class in Malawi are resolutely opposed to any changes in the legislation on abortion in the country. 5 80 percent of the MPs surveyed in one study said they would vote against tabling the Bill. President Chakwera, himself a pastor, remained ostensibly neutral and let parliament decide whether to debate the hotly contested Bill. Yet the sponsors were bullish and confident: ‘Our committee has done massive sensitizing and consultation meetings with fellow legislators, members of the communities, church leaders, traditional leaders who were failing to understand this Bill. I have full confidence that once the Bill is presented in Parliament, it will receive massive support and the legislators will allow it to be discussed.’ 6 Traditional leaders and religious leaders had also registered their support for the Bill (Paramount Chief Kawinga of Machinga and Chair of the Islamic Commission for Justice and Freedom Shaibu Abdul Rahman Ajasie). Despite this public show of support, the Bill was not tabled due to opoosition from other legislators. Malawi CSO actors and lawyers nonetheless filed a suit to get the country’s high court to pronounce itself the legality of abortion in the country as discussed below.

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