The legal framework
The Constitution prohibits abortion except as authorised by law, and the Penal Code permits it to save the life of the pregnant woman. National standards and guidelines on post-abortion care exist, though guidance on the scope of the exception has been contested. Post-abortion care is included in national reproductive health standards and should be provided without police involvement.
Key points
| Legal basis | Penal legislation, read together with the Constitution and national clinical guidelines |
|---|---|
| Post-abortion care | Part of essential health services; must be provided without conditions |
| Contraception | Legal and provided through national family planning programmes |
| Practical barrier | Uncertainty among providers about the scope of the legal exception |
| Maputo Protocol | Ratified, requiring lawful abortion in cases of assault, incest, risk to health and serious fetal abnormality |
| Young people | Adolescent access is a recognised gap in national strategies |
| Constitution | Article 22(2) permits it as authorised by law, but no implementing statute was ever passed |
| Penal Code | Retains broad prohibitions, creating legal uncertainty |
| Case law | Courts have recognised that saving the life of the woman is lawful |
| Guidelines | National standards have been issued and withdrawn more than once |
In practice
- Go to a public health facility for assessment; district hospitals handle emergency obstetric care.
- Seek urgent care for heavy bleeding, fever or severe pain — delay, not the law, is what causes deaths.
- Family planning associations affiliated to IPPF are the most accessible source of accurate local information.
- Keep written records of any assessment: they matter if a referral becomes necessary.
- Seek care at a public facility for complications; treatment is required and is not conditional on questioning.
- Contraception, including emergency contraception, is available free at public facilities.
Cost and coverage
Public facilities provide care free or at low cost; NGO providers charge modest fees.
Recent changes
Across the region, the trend is towards clarifying clinical guidelines rather than amending criminal law, so what changes in practice is provider guidance, not the statute.
Where to go
- District and referral hospitals for emergency obstetric and post-abortion care.
- National family planning association (IPPF affiliate).
- Ministry of health reproductive health programmes.
Worth knowing
Health workers are bound by confidentiality, and in most of these countries there is no duty to report a patient who seeks post-abortion care. Fear of prosecution should not keep you from a hospital. The gap between the constitutional permission and the absence of implementing law leaves providers exposed, which makes them cautious even where care would be lawful.
Official sources and links
- World Health Organization — international reference on this topic
- WHO Regional Office for Africa — country data and programmes