Religious bodies in the country have voiced strong opposition to a recent High Court ruling that grants girls and women who become pregnant as a result of sexual violence, the right to access safe abortion services.
The ruling, delivered last month in Blantyre, followed a case involving a minor who was raped and later denied safe abortion.
In her pursuit of justice, which began in 2022, the girl, whose identity remains protected for legal and ethical reasons, sued a clinician, a medical facility and the Ministry of Health for violating her sexual and reproductive health rights.
The court determined that denying her access to abortion constituted a breach of her rights, setting what many have described as a landmark precedent in the country’s reproductive health policy landscape.
However, in a joint statement dated November 12 2025, Malawi Conference of Catholic Bishops, Malawi Council of Churches, Evangelical Association of Malawi and Muslim Association of Malawi observe that the judgement “sets a worrying precedent” for the protection of both mothers and unborn children and risks undermining Malawi’s cultural, moral, and religious values.
The faith leaders indicate that they are consulting legal counsel and engaging with the Government through the Office of the Attorney General to explore the possibility of appealing the High Court decision.
They also appeal to members of Parliament to resist any attempts to amend abortion laws, recalling how previous legislators rejected the proposed Termination of Pregnancy Bill.
Reads the statement in part: “As faith leaders, we are fully aware of the hardships faced by women and girls who experience unplanned or difficult pregnancies.
“However, we firmly believe that ending the life of an unborn child is not the solution. Instead, as a nation, we must foster honest, compassionate and constructive dialogue to address these challenges, finding ways to support vulnerable girls and women while upholding the sanctity of life for both mother and child.”
In response to the concerns raised by the religious institutions, Ministry of Justice and Constitutional Affairs public relations officer Frank Namangale acknowledged the faith leaders’ right to express their views on the matter.
He said Attorney General Frank Mbeta is currently examining the High Court ruling to determine whether there are sufficient grounds, in law, to warrant an appeal.
“The public will be informed of the next steps in the matter as soon as possible,” said Namangale in a written response.
On his part, Malawi Law Society honorary secretary Francis M’mame said it would be premature for the society to offer a substantive comment on the merits of the ruling or the specific objections raised by the religious bodies.
He said: “Firstly, as the religious bodies have indicated their intention to appeal the judgement, the matter remains sub-judice. Offering a detailed commentary could be seen as pre-empting the judicial process that is yet to unfold in a higher court.
“Secondly, the Malawi Law Society maintains a steadfast respect for the independence of the Judiciary and the legal process. The courts are the proper fora for the authoritative interpretation of our Constitution and their judgements and rulings, until set aside by a superior court, demand respect.”
Meanwhile, the Termination of Pregnancy Bill faces resistance from some sections of society, including religious groups.
The Bill, which partly seeks to extend safe abortion to survivors of sexual assault, was scrapped from Parliament business in 2021 when then Chiradzulu West legislator Mathews Ngwale moved the House to debate it.
