You and Your Rights

There are two types of abortion - spontaneous and induced. Spontaneous abortion (miscarriage) occurs without outside interference. Induced abortion occurs as a result of outside interference which may, in some circumstances, be illegal. A legal abortion terminates a pregnancy by separating and expelling, by surgical or medical means, the contents of the uterus of a pregnant woman. 

The Abortion and Sterilisation Act, 1975, makes provision for abortions to be performed by a medical practitioner under certain circumstances: 

• Where continued pregnancy constitutes either a danger to the woman's life or a serious threat to her physical or mental health. The threat to the woman's mental health has to be of such a nature as to create the danger of permanent damage and the abortion has to be necessary to ensure her mental health; 

• If there is a serious risk that the child to be born will suffer from a physical or mental defect that will make it irreparably seriously handicapped; 

• If the foetus was conceived as a result of illegitimate carnal intercourse and the woman cannot understand the implications of - or bear parental responsibility for - the baby because of a permanent mental handicap or defect, or if the foetus was conceived as a result of rape or as a result of incest; 

• If, in addition to all these factors, the woman herself consents to the abortion; 

• Finally, the doctor due to perform the abortion has to have the written permission of the medical superintendent of the institution where the operation is to be performed. 

Abortion is a controversial topic which arouses heated debate all over the world. There are generally two opposing points of view: 'pro-life' and 'pro-choice'. 'Pro-life' campaigners strongly disagree with abortion and lobby for laws which prohibit abortion (or allow it only under strictly limited circumstances). This viewpoint is often associated with fundamentalist religious groupings. 'Pro-choice' campaigners lobby for laws which allow for abortion on request. This viewpoint emphasises the right of a woman to choose whether or not she wants to have an abortion. 

The law on abortion in South Africa is changing. In 1995 a parliamentary committee heard evidence and submissions about possible changes to the law. Its report took a clearly 'pro-choice' line and the Termination of Pregnancy Bill was drafted according to these recommendations. The bill was introduced to parliament for its consideration in the second half of 1996.