It is any teenage girl’s worst fear, informing her parents that she is pregnant. In April 2023, 14-year-old (“Ayanda”), whose identity we have had to conceal due to her status as a minor, was confronted with this reality.
Naturally, news that she was pregnant was met with deep disappointment by her mother and stepfather with whom she was living. Due to her socio-economic circumstances and being a teenager, she was encouraged, and decided, to seek an abortion.
Her initial visits to local clinics were met with misinformation, hurdles and obstructions from medical practitioners.
On her first visit, she was informed that she needed parental consent. According to the Choice on Termination of Pregnancy Act 92 of 1996 (CTOPA), parental consent is not required for an abortion. On her second visit, “Ayanda” was told the foetus’ breech position prevented the procedure – a claim not backed by any medical evidence. On her third visit, the clinic falsely informed her that she was too far along for an abortion. The clinic’s failure to refer “Ayanda” to a tertiary healthcare facility served to deny her access to essential healthcare services and her bodily autonomy.
Desperate and with nowhere else to turn, “Ayanda” approached SECTION27 on 23 May 2023 for help. At this time, she was twenty weeks and two days pregnant. By South African law, women and girls are legally allowed to obtain a termination of pregnancy procedure up to and including the 20th week of pregnancy (meaning twenty weeks and six days). Recognising the urgency of the situation, SECTION27 acted swiftly. We arranged independent counselling for “Ayanda” to ensure that she was clear on her decision. Initially, we engaged with the Gauteng Department of Health but encountered claims of staff and facility shortages. Realising legal action was the only route, SECTION27 prepared to litigate.
The team quickly secured affidavits from a midwife and a social worker. The midwife confirmed the teenager’s gestational age, while the social worker ensured she fully understood the procedure and that her decision to terminate the pregnancy was free from any coercion.
On 27 May 2023, SECTION27 approached the Gauteng High Court on an urgent basis. However, Judge Thompson AJ required additional evidence, including affidavits from a psychiatrist, an independent gynaecologist, and a psychologist. The judge further requested confirmation from the 14-year-old’s parents – despite the law not requiring parental consent for a minor to obtain an abortion. In spite of these hurdles, SECTION27 successfully obtained the requested documentation in time for the hearing the following morning.
On 28 May 2023, the court ruled in “Ayanda’s” favour, affirming her right to an abortion. Judge Thompson AJ condemned the misuse of medical knowledge that had obstructed the teenager’s access to an abortion. The court instructed that the procedure be carried out on 29 May 2023, the last day “Ayanda” was legally eligible to have the procedure done.
Accompanied by SECTION27 and her parents, “Ayanda” successfully underwent the procedure, marking the end of a harrowing journey.
Though this case was a true victory for both “Ayanda” and SECTION27, it underscores the pervasive stigma and resource limitations that are still very present in abortion services. Additionally, as SECTION27’s Head of Health Rights, Khanyisa Mapipa, said, this case also demonstrates ‘the abuse of medical knowledge by healthcare professionals and the paucity of resources dedicated to abortion care including healthcare facilities and trained medical staff.’
Despite the legalisation of abortion in 1996, many women and young girls are unaware of their rights, often resorting to unsafe abortion procedures due to misinformation and systemic barriers.
Through cases like this one, along with collaborative advocacy initiatives with the National Department of Health (NDoH), outreach programmes and media campaigns, SECTION27 aims to create awareness and work with women and young girls in South Africa to understand their legal rights to access healthcare without delay or coercion. This case in particular – as Khanyisa Mapipa noted – ‘reaffirms the rights of women to have a second trimester abortion on the grounds that keeping the pregnancy will adversely impact her socio-economic circumstances.’
“Ayanda’s” fight for her right to an abortion highlights the urgent need for greater support for women and young girls in navigating the complexities of reproductive healthcare. Organisations like SECTION27 and its partners play a crucial role in dismantling the barriers that prevent women and young girls from accessing the care they so desperately need and deserve.
Here’s a link to SECTION27’s 2022 report about the state of abortion services in the Eastern Cape.
By: Faye Sagild
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