While most religious denominations and bodies reserve their comments or dismiss any assertions regarding abortion, one religious non-governmental organisations supports its legality.
Religious Leaders Network for Choice (RLNC) has called on government to respect and enforce a recent High Court ruling which allows girls who have experienced sexual violence to seek safe abortions without any obstacles.
RLNC national coordinator the Reverend Cliff Nyekanyeka told the media last Friday in Blantyre during a press conference that they believe the ruling is a thorough and objective interpretation of Section 19 of the Gender Equality Act.
Nyekanyeka, reading a statement he co-signed with RLNC chairperson Father Martin Kalimbe and their legal counsel Mateyu Sisya, said they understand that all religious denominations prohibit abortion on demand based on the fact that life is sacred and that others equate pregnancy termination to killing.
“However, we also know that all religious denominations accept that an abortion can be acceptable when it is procured to save the life of the pregnant woman whose life is endangered due to continuation of the pregnancy such as the life of the minor in question whose life was in danger of a mental health breakdown,” he said.
The reverend also said medical providers such as health workers or religious-owned health facilities who cannot provide a legal and medically appropriate treatment due to deeply held personal, moral, or religious should refer patients to their peers who can provide such services.
Nyekanyeka noted that neglecting girls seeking such services is wrong because medical ethics demand a balance of medical provider’s right to act according to their conscience with the patient’s right to receive care and avoid unfair treatment.
Msisya noted that the law does not take into account morality or religious point of view, buts facts presented in court.
“Justice Michael Tembo recognised, in the ruling, the minor’s mental health, not just her physical health, meaning both aspects of a woman’s well-being matter and should be exercised by the court,’ he said.
The High Court of Malawi on October 28 2025 ruled that girls who have experienced sexual violence, if they wish, are free to seek safe abortions without any obstacles.
The ruling was prompted by a case in which a minor sued a healthcare provider, a medical facility and the Ministry of Health for infringing upon her sexual and reproductive health rights, as she was initially denied access to a safe abortion after defilement.
In it, Tembo said a purposive interpretation of section 19 of the Gender Equality Act entails that a girl victim of a sexual offence who is pregnant as a result of such an offence has a right to seek an abortion.
He noted that the clinician, who refused to offer the service to the minor, violated the Act because there was proof enough beyond any reasonable doubt that she became pregnant after being defiled.
Tembo said it was harsh and inhumane to insist she keeps the pregnancy in such circumstances if she has a desire to terminate it.
“It is, therefore, only logical and in accordance with her sexual and reproductive health rights that such a girl be allowed, without let or hindrance, to demand if she so wishes upon exercise of her free will, access to abortion services so that her life be preserved from ruin by either mental or physical challenges associated with such an unwanted pregnancy,” reads part of the ruling.
Tembo also criticised the clinician for focusing solely on the girl’s physical health, neglecting her mental health.
Incidentally, another joint statement by the Malawi Conference of Catholic Bishops, Malawi Council of Churches, Evangelical Association of Malawi and Muslim Association of Malawi dated November 12 2024 opposed the ruling for “setting a worrying precedent” on the protection of mothers and their unborn children.
They said it risks undermining Malawi’s cultural, moral and religious values.
The leaders said they are consulting their legal counsel and engage government on the possibility of appealing the High Court decision.
They also want members of Parliament to reject any assertions to amend abortions laws.
Ministry of Justice spokesperson Frank Namangale is no record to have aid the Attorney General Frank Mbeta is examining the ruling to determine if there are sufficient grounds for an appeal.
