One step closer for girls wanting abortions

Published Jan 18, 2008

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The national assembly has approved the controversial bill that allows girls as young as 12 to have abortions without their parents' consent.

The Choice on Termination of Pregnancy Amendment Bill on Thursday got the green light from 266 MPs while 52 voted against the measure and 12 abstained.

The bill will now be referred to the national council of provinces (NCOP) for concurrence before President Thabo Mbeki signs it into law.

The assembly failed to approve the bill on the last day of the parliamentary sitting in November because the House did not have a quorum. MPs were recalled from constituency leave for a special sitting.

Parliament officially opens on February 8.

When parliament failed to pass it last year the ANC accused the opposition DA of sabotaging the process by staging a walkout shortly before the vote was to take place.

The DA caucus walked out in protest against the ANC for not ensuring that its members were present.

ANC chief whip Isaac Mogase then said he would contact assembly Speaker Baleka Mbete to convene a special sitting for a vote on the bill.

The bill was passed by both Houses - the national assembly and NCOP - in 2004, but Doctors for Life International (DFL) successfully challenged its validity in the constitutional court.

DFL's argument was that no proper public hearings were held for input by interested parties and ordinary people.

The court ordered parliament to hold public hearings and gave it a deadline of 18 months. Parliament reintroduced the bill to the NCOP last June.

During the debate on Thursday DA MP Mike Waters said his party had a free vote on any matter of conscience and it was up to members to decide how to vote.

He raised concern that the bill did not include the question of counselling for women who opted to have abortion.

"Counselling should be mandatory," said Waters.

Doctors and nurses should also exercise their conscience when it comes to performing abortions.

The African Christian Democratic Party (ACDP) opposed the bill.

Sapa reports that ACDP MP Cheryllyn Dudley said: "We call on members of this House to do the same.

"Do not let the blood of more innocent babies be on your hands."

Research showed nine out of 10 South Africans believed abortion was morally wrong, Dudley said.

"In addressing these issues, the ACDP does not waver in our conviction that the value of human life is priceless and that all human life must be respected and protected absolutely from the moment of conception."

The Freedom Front Plus (FF+), the Federation of Democrats and the Inkatha Freedom Party also voted against the bill, while the ANC required its members to vote for it.

Pieter Mulder of the FF+ told MPs that the bill was forced on them by the ANC.

He said it was astounding that a girl as young as 12 could decide to have abortion without even having to inform her parents.

ANC MP and chairperson of the portfolio committee on health James Ngculu hailed the passing of the bill as a victory for women.

He said it would give women a choice on whether they wanted to terminate a pregnancy or not. He said the aim of the legislation was to prevent backstreet abortions.

Ngculu told MPs it was disingenuous of opposition parties to argue that the bill should include a conscience clause that would enable health professionals who were against abortion on certain grounds not to perform it.

Doctors and nurses who joined the profession decided to so of their own volition, and were not forced to do so by anyone, argued Ngculu.

Some reports said that the bill sought to amend existing legislation to allow public and private clinics to perform abortions without first obtaining government approval.

According to an attached memorandum, the bill empowers provincial health MECs to approve facilities where abortions may be done.

"(Among the bill's objects is to) allow all public and private facilities that have a 24-hour maternity service to terminate pregnancies of up to and including 12 weeks without seeking approval from the MEC concerned," it said.

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