* To provide termination of pregnancy services to child victims of sexual assault and gender-based violence
* The order to train designated post-abortion healthcare professionals to provide safe and legal abortions to minors also not implemented
* Malawi Human Rights Commission also not implementing what the Court ordered to enforce the Gender Equality Act
By Duncan Mlanjira
The 180 days has elapsed that the High Court set in its ruling on October 28, 2025, but the government has not implemented any of the orders that demanded that the Standards & Guidelines for Post-Abortion Care 2020 should be amended to state clear directions that healthcare providers designated for post-abortion care should provide termination of pregnancy services to child victims of sexual assault and gender-based violence.
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The red flags have been raised by Religious Leaders Network for Choice, which also indicates that another order has also not been implemented for the Ministry of Health to train designated for post-abortion healthcare professionals to provide safe and legal abortions to minors, who are victims of rape cases.
At a press briefing at Grace Bandawe Conference Centre in Blantyre on Tuesday afternoon, Religious Leaders Network for Choice also highlighted that the Malawi Human Rights Commission has also not adhered to what the High Court ordered that it should enforce the Gender Equality Act.
Religious Leaders Network for Choice chairperson Rev. Martin Kalimbe (right) and legal counsel Mateyu Sisya during the press briefing
It also includes the situation of the girls child victim, who sued the government, then a 13-year-old, that she has not been compensated after her successful lawsuit against a clinician at Chileka Health Centre and his employers, Blantyre District Council, Ministry of Health and the Malawi Human Rights Commission — for loss suffered because she had been denied access to safe termination services after being subjected to rape.
In his ruling on October 28, 2025, High Court Judge, Justice Tembo endorsed-access-to-safe-abortion-services-for-rape-victims/, determining that women and girls who have experienced sexual violence are entitled to obtain safe abortions in both public and private healthcare institutions without any obstacles, in accordance with Section 19 of the Gender Equality Act.
Following the judgement, the Religious Leaders Network for Choice — a member of the Sexual and Reproductive Justice Network (SEJUN) — issued a statement at a press briefing on November 14, 2025, in which it highly-commended-the-High-Court-ruling describing it as landmark, which will set free minors who fall pregnant from sexual violence such as rape defilement and “from the torment of carrying forced pregnancies to term while suffering alone in silence”.
The religious body thus called upon the government “to make sure that the ruling is respected and that necessary measures are put in place to ensure its enforcement” — with SEJUN also appealing to the government on November 25, for-the-enforcement-of-the-High-Court-order.
SEJUN added its voice during the commemoration of 16 Days of Activism Against Gender-Based Violence (GBV), emphasising that the government should take immediate action in providing safe abortion services to victims of sexual violence.
SEJUN — a registered coalition of organisations that assert that everyone has the right to control their bodies, sexuality, and reproduction, free from discrimination, coercion, and violence — maintained that the High Court ruling “acknowledges the urgent need for comprehensive healthcare and reproductive rights for girls; particularly for those who fall victim to sexual violence”.
At the lapse of the 180 days deadline, the Religious Leaders Network for Choice emphasises that — since there are no records that the government filed for an appeal against the judgement — and realising that according to judicial precedence a court order has the same force of the law unless appealed against and overturned on appeal, it thus reiterates the call that:
* the Ministry of Health should ensure and show evidence and commitment that all health providers designated to provide post-abortion care services in accordance with Post-Abortion Care Guidelines are appropriately instructed and trained to impart all information necessary for child victims of sexual and gender-based violence to make a decision regarding whether or not to undergo termination of pregnancy in accordance with the court order;
* the Malawi Human Rights Commission to take up its statutory duty as provided in the Human Rights Act and the Gender Equality Act and actively enforce the provisions of section 19(1)(2) and section 20 of the Gender Equality Act;
* the Malawi Human Rights Commission to take up its statutory duty and recommend to the Malawi Government the adoption of new legislation and guidelines on termination of pregnancy; and/or recommend the amendment of the law and guidelines that create barriers to pregnant girls who are victims of sexual and gender-based violence in accessing sexual and reproductive health services which includes safe and legal termination of unwanted and risky pregnancies; and
* the Attorney General to issue communication to the Ministry of Health explaining contends and interpretation of the October 28, 2025 judgement in Civil Cause Number 162 of 2023 to clear any doubts and misconceptions that may arise from health services providers and also pay out compensation to the claimant in the matter if such has not yet been paid and/or agreed upon.
