Minister of Health and Sanitation Madalitso Baloyi and Principal Secretary Dan Namarika risk contempt of court charges for government’s failure to comply with a High Court of Malawi order to review post-abortion care guidelines.
In a notice dated July 16 2026 addressed to Attorney General Frank Mbeta, a girl whose court victory affirmed the reproductive rights of child survivors of sexual violence has expressed her intention to start contempt of court proceedings against the two senior public officers for non-compliance.
Through her lawyers, Mlauzi Legal Solutions, the girl contends that despite the expiry of the 180-day compliance period, the ministry is yet to implement the court’s directives, thereby frustrating a judgement intended to protect vulnerable children and uphold their constitutional rights.
| Nation
“The continued failure by the Ministry of Health to comply with the court’s orders not only prejudices our client but also undermines the authority of the court and frustrates the implementation of a judgement intended to protect the rights of vulnerable children and ensure access to lawful reproductive health services in Malawi,” reads the letter in part.
The girl states that if government fails to demonstrate full compliance, she will ask the court to declare the minister and/or PS in contempt, seek fines or imprisonment of the two.
Meanwhile, Parliamentary Committee on Health has described the delay as a matter of serious concern, saying the lapse of the 180 days amounts to non-compliance with a binding court order.
Committee chairperson Anthony Masamba in a written response said decisions of the High Court are binding on all persons and authorities under Section 108 of the Constitution and that failure to comply undermines the rule of law and the government’s constitutional obligations.
“The committee intends to summon the Ministry of Health to account for the delay, using its powers under the Standing Orders. The provisions will empower the Health Committee to call ministries and agencies, summon witnesses, and demand the production of evidence,” he said.
On May 28 this year, after the expiry of the court deadline, Mbeta told The Nation that consultations on the revised guidelines were complete and that the draft guidelines were undergoing vetting and other procedural formalities before implementation.
But Mbeta said he needed more time to check the status when asked earlier this month for an update.
Yesterday, Mbeta acknowledged receipt of a questionnaire and indicated that he would respond. However, follow-up phone calls went unanswered by press time.
Ministry of Health and Sanitation spokesperson Benedicto Mbewe also asked for more time before commenting on the matter.
Nyale Institute executive director Godfrey Kangaude faulted the Attorney General’s Chambers and the Ministry of Health for failing to comply with the court order.
He said the institute’s investigations show that some public health facilities continue to deny safe abortion services to girls who become pregnant following rape or defilement despite the High Court’s interpretation of the law.
High Court Judge Mike Tembo clarified in a judgement last year that Malawi’s existing legal framework, including the Gender Equality Act, permits access to safe abortion for minors who become pregnant as a result of sexual violence and directed the government to revise national clinical guidelines to reflect that legal position.
