By The Forum
Faith leaders from Malawi’s major religious bodies say they will appeal a recent High Court ruling that permits minors impregnated through rape to access legal termination of pregnancy.
The ruling, delivered on 28 October 2025 by Justice Mike Tembo, also directed the Ministry of Health to draft guidelines ensuring access to safe abortion services for minors.
The case was brought by a 14-year-old girl who sued the Ministry of Health, the Malawi Human Rights Commission (MHRC), and others after being denied a safe termination despite deteriorating physical and mental health. Her pregnancy followed defilement by a man now serving a 14-year prison sentence. She argued that she qualified for a legal termination under Section 19 of the Gender Equality Act.
Reacting to the judgment, the Malawi Conference of Catholic Bishops (MCCB), Malawi Council of Churches (MCC), Evangelical Association of Malawi (EAM), and Muslim Association of Malawi (MAM) said they are consulting lawyers and engaging the Office of the Attorney General on possible next steps, including an appeal.
They argued that the judgment sets a worrying precedent for the protection of both mothers and unborn children and reaffirmed their “strong and unwavering commitment to the sanctity of life and the natural family as ordained by God.”
“Decisions of such magnitude, touching on fundamental moral and ethical principles, must not rest solely on the opinion of a single judge but must reflect the conscience of the nation,” the faith leaders said. They urged the government to uphold Malawi’s cultural, moral, and religious values.
While acknowledging the challenges faced by women and girls experiencing unplanned or difficult pregnancies, the groups said ending a pregnancy is not an acceptable solution.
They called for “honest, compassionate, and constructive dialogue” on how best to support vulnerable girls and women while safeguarding what they described as the sanctity of life.
The faith community also urged Members of Parliament to reject the proposed Termination of Pregnancy (TOP) Bill and encouraged citizens to stand in “moral and spiritual solidarity,” calling the ruling a battle between “light and darkness.”
In his ruling, Justice Tembo held that forcing the 14-year-old to continue with the pregnancy was “harsh and inhumane,” and that allowing her access to a safe termination was consistent with her sexual and reproductive health rights.
The Court ordered the Ministry of Health to revise its Post-Abortion Care Guidelines within 180 days to ensure clear direction for healthcare workers in providing legal termination services to survivors of sexual violence, especially minors.
Family Planning Association of Malawi (FPAM) Executive Director Donald Makwakwa welcomed the decision, calling it “a victory for justice, health, and human rights.”
He noted that many Malawian women and girls have been harmed or killed by unsafe abortions driven by restrictive interpretations of the law.
Makwakwa said the ruling helps ensure that women and girls can access the reproductive health services they need “without fear or discrimination,” and urged continued alignment of national policies with constitutional and human rights standards.
The Constitution of Malawi permits termination of pregnancy when the mother’s life is at risk. Section 19(1) of the Gender Equality Act guarantees the right to sexual and reproductive health, including safe and legal termination, while Section 19(2) upholds the right to choose whether to have a child, subject to provisions of the Penal Code.
