Christian Action Network
13 November 2007
Mr LVJ Ngculu
Chairperson: Health Portfolio Committee
Dear Mr Ngculu
Submission: Amendment Act to the Choice on
Termination of Pregnancy Act
We thank you
for the opportunity to make a Submission on the above-mentioned proposed
legislation.
The
Christian Action Network members have been campaigning for the right to life of
pre-born babies since 1991.
Although we know that the principal
Act is not in question, we would like to again state our position that The
Termination of Pregnancy Act should be replaced by a Human Life Amendment Act
that would protect the right to life of pre-born babies. By God's grace we
believe that this can, and will, happen. This will mean nothing however, unless
women and men in this country believe in the sanctity of life and that abortion
is one of the worst things that can happen to a woman and her baby. We will
continue to work until the injustice of abortion is not only illegal, but unthinkable.
This
submission will focus on abuses of section 2 of the Amendment Act, the need for
adequate counselling and further limits to the gestational age at which
abortions can occur.
One of our major concerns is that
many abortions are not taking place at hospitals or clinics with emergency
facilities as prescribed by Section 2 (e) and (f) of the Amendment Act.
According to Section 2 of this Act an abortion, whether surgical or chemical,
must take place at such a facility. We are aware, however, of private
practitioners that are simply prescribing as an abortion pill Misoprostil and
then sending the woman home to give birth to her dead baby. This is extremely
dangerous, as Misoprostil has been proven to cause severe haemorrhaging,
sometimes even death, if the pills are not taken correctly.
So that medical practitioners and those responsible for
criminal prosecutions are in no doubt as to the law,
we propose that the new Act contain a clause specifying
that “a termination of pregnancy takes place whenever there is a surgical
removal of the foetus, or whenever medicine is prescribed with a view to
terminating a pregnancy, even if the medicine is used by the patient in a
different locality or at a later time.”
Offences
and Penalties – Substitution of section 10(1) of the Principal Act
The
following section is hereby substituted for section 10(1)(a) of the Principal
Act:
Any person who:
(a) Terminates
a pregnancy otherwise than in accordance with the Principal Act, the Amendment
Act and this Act, or at a facility not approved in terms of the Acts, or
without ensuring that the requirements of the Acts relating to counselling and
informed consent have been complied with, shall be guilty of an offence and
liable on conviction to a fine or to imprisonment for a period not exceeding 10
years.
Why
is this clause necessary?
Sub-clause (1) makes it a criminal
offence for any person, including a doctor, to carry out an illegal abortion.
Currently there is no prohibition against a medical practitioner who carries
out an abortion contrary to section 2(1)(a) of the principal Act. It also gives
teeth to the requirements relating to counselling and informed consent.
Another concern is that women are
not receiving proper counselling prior to having an abortion. Section 5 of the Principal Act requires that a woman
must give her informed consent. Informed consent stands on three
pillars: knowledge, appreciation (of the physical and psychological risks both
during and after the procedure) and consent.
It is our concern
that the principal Act does not adequately address some critical areas with
respect to counselling. Section 4 of the
principal Act states:
The State shall promote the provision of
non-mandatory and non-directive counselling before and after the termination of
a pregnancy.
By sharp
contrast, the National Policy on Testing for HIV is
detailed and comprehensive. Surely the same can be done in this Act?
It is suggested that Section 4 be extensively
rewritten to clear up any of the present ambiguities. The amended Act ought to mandate (at least,
but not limited to):
1.
the use of the latest scientific
evidence when giving counselling and
2.
the use of visual material to
explain the procedure and the stage of gestational development.
Around the
world, large scientific studies are finding that the risks of homicide (mainly
due to risk-seeking behaviour) and suicide increase dramatically after a
termination of pregnancy, compared to (1) the general population, (2) those who
had live births and (3) those who had miscarriages. This makes pre and post-termination
counselling of utmost importance and it is our wish that the Act will be
amended to reflect the present state of scientific knowledge.
It is our
concern that the Principal Act allows for abortions to take place quite late in
pregnancy. With modern technology,
babies born as young as 21 weeks can survive, which further indicates their
viability as human beings. Please see
appendix 1 for a news article about a 21 week and 6 days baby that survived in
It is suggested that Section 2 (c)
(iii) of the Principal Act be scrapped altogether.
Yours sincerely
Taryn Hodgson
Dr Peter Hammond
International Co-ordinator
Director
Charl van Wyk
Executive Member