THE CHURCH'S RESPONSE
TO
ABORTION

(Pretoria High Court judgement)

Issued by Southern African Bishop's Conference Spokesperson, Archbishop Buti Tlhagale, Bishop of Johannesburg.
Dated: 31 May 2004



The Catholic Bishops Conference wishes to protest in the strongest terms possible the further erosion of the unsurpassable value of life as a result of a recent Pretoria High Court judgement.

According to the judgement, girls may now procure an abortion without their parents knowledge. The Bishops Conference also continues to object strongly against that part of the Constitution that treats life as if it were simple biological material to be freely disposed of.

The Bishops wish to reiterate the position of the Catholic Church with regard to abortion. Procured abortion is the deliberate and direct killing of a human being at any time between conception and birth. The act is totally and absolutely unacceptable. Killing an innocent human being is always gravely immoral.

The Pretoria High Court judgement represents a further assault on the incomparable value of life. We live in a South Africa where Gods injunction Thou shalt not kill is being totally and deliberately ignored with regard to abortion. The Pretoria judgement, by interpreting the right to terminate pregnancy to extend to females under 18 years of age, shifts the burden of responsibility to younger women as well. This judgement will lead to the weakening of individual consciences, especially of those of young people whose conscience formation is at a critical stage.

The judgement will also seriously undermine the moral fibre of society. While South Africa speaks of a moral renewal of society, it strenuously seeks to exclude sexual morality and private lifestyles of people. Such an approach is doomed to reap the whirlwind. The judgement, we maintain, is a direct assault on the value of family as the sanctuary of life. We cannot rule out the question of complicity in the evil of abortion with regard to those who make such laws or those who encourage sexual permissiveness and ignore the esteem for motherhood.


The Choice on Termination of Pregnancy Act (1996) in Section 5 indicates that “ no consent other than that of the pregnant woman shall be required for the termination of a pregnancy”. Although in the case of a minor “a medical practitioner or a registered midwife shall advise such minor to consult with her parents, guardian, family members or friends before the pregnancy is terminated; provided that the termination of pregnancy shall not be denied because such minor chooses not to consult with them” (Section 5 (3) ). As Sally Hall, of Human Life International, has stated this is “an eclipse of reason”.

We know that legally, anyone under 18 year olds may not purchase alcohol, a Lotto ticket and soon it might be illegal for an under 18 year old to buy cigarettes. It is inconsistent then to think of a minor deciding to terminate her pregnancy. Our Constitution states in Article 28 that a child/minor has a right to protection among other requirements.

With this in view the Christian Lawyers Association took the matter to the High Court. The judgement was not in their favour and so the above supportive statement by the SACBC was circulated.

The Judgement was a statement of the Court confirming what already exists in law. It could also be noted that in the second paragraph the response refers to our Constitution. This should read, 'the Choice on Termination of Pregnancy Act'. The court judgment will be appealed and hopefully the process can go forward with a positive outcome.

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