Issued by: Department of Health
11 December 1996
The Choice on Termination of Pregnancy Bill has been signed by the President. It is now an Act of Parliament, termed the Choice on Termination of Pregnancy Act, 1996 (Act No. 92 of 1996).
The Act on Choice on Termination of Pregnancy is measure to deal with termination of pregnancy safely. A hospital-based study by the Medical Research Council in 1995 estimated that in 1995, 44 686 women had illegal abortions. Of these, 425 women died. Most of the women who opted for this desperate measure were poor, with limited access to family planning and inadequate support systems for unwanted children. On the other hand in the same period, 2 436 women had access to safe and legal termination of pregnancy. The women in this group were mostly white and from the higher socio-economic classes and had access to this service under the current Abortion and Sterilisation Act (Act No. 2 of 1975).
The Department of Health has a moral obligation to ensure that the termination of pregnancy does not put the life of women in danger. It is for this reason that the Department has drawn up and supported this Act. The Minister of Health, Dr Nkosazana Dlamini-Zuma has stated that this Act is part of the government's promise to "Build a Better Life for all".
This Act of Choice on Termination of Pregnancy will be implemented on 1 February 1997. The implementation of the Act will be incremental. Facilities able to provide the service will continue to do so, on condition that they meet the minimum criteria that the Minister of Health has recommended. These minimum criteria include trained personnel, the presence of an operating theatre, appropriate surgical equipment and drugs, as well as appropriate infection control measures. Facilities where the legal termination of pregnancy can take place will be announced in the Government Gazette.
Termination of Pregnancy services will be provided within comprehensive reproductive health services. The training of health workers has begun. Two workshops were held in November and early December to train trainers who will train other health workers. As more health workers are trained and facilities designated, the implementation process will be accelerated throughout South Africa, and the Department will ensure availability of services in most areas in five years time.
The Department of Health has stated that the Choice on Termination of Pregnancy Act is not a solution to unwanted pregnancies. The Department of Health continues to promote the use of contraceptives and other methods of preventing pregnancies. This includes both natural and artificial methods of contraception.
Until the new Act is put into operation by way of proclamation by the President of South Africa, the current Abortion and Sterilization Act, 1975 (Act No. 2 of 1975) is still operational.
Enquiries: Dr E Mhlanga Tel 012 312 0190 Fax 012 312 0213