CHOICE ON TERMINATION OF PREGNANCY AMENDMENT BILL - CLA'S AMENDMENT
FOR THE ATTENTION OF: CHIEF DIRECTOR MATERNAL, CHILD AND WOMEN’S HEALTH, DR MAHLANGA
We submit the following amendment:
Delete section 5(3) of the 1996 Act in its entirety and replace it with the following wording:
5(3). In the case of a pregnant minor, a medical practitioner or registered midwife, as the case may be, shall, before the pregnancy is terminated, ensure that:
(i) The minor obtains the written consent of at least one parent or guardian to the termination. In the event of the minor objecting to such a course, the medical practitioner or registered midwife shall inform the minor of her right to apply to the High Court for a judge’s consent in lieu, and shall ensure she is provided with legal advice and facilities at the expense of the Government Health service to enable her to apply to the Court.
(ii) The minor has a ‘reflection period’ of at least seven days before she gives her consent to the termination.
(iii) During the ‘reflection period’, the minor receives a minimum of thirty minutes professional counselling provided by the Government Health service, free of charge, and that she is exposed to graphic material explaining what is involved in a termination of pregnancy, and its long-term effects. Such graphic material may be provided in either book or video form and shall be designated by the Minister under regulations made pursuant to section 9 of this Act.
This amendment would bring South Africa in line with the majority of the 51 States of the USA.