Abortion law in Namibia and South Africa

Abstract

The analysis undertaken provides a comparison between the Namibian Abortion and Sterilization Act 2 of 1975 and the South African Choice on Termination of Pregnancy Act 92 of 1996. Given the unique history of both countries, it is of interest to note the legislation of both countries. South Africa since its independence in 1994 from apartheid rule has repealed and reformed several laws to promote human rights within its borders. This has not been the case for Namibia since achieving its independence from South African apartheid rule in 1990. Many laws still are existent on Namibia’s legal system such as the Abortion and Sterilization Act that instead of promoting sexual and reproductive rights, restricts those rights. Through this comparative process, this research looked at the laws themselves, their impact and the societal perceptions that influence abortion practices within both countries. An analysis of the rights of the unborn versus the rights of the woman was done to understand the unique discourses which feeds into the abortion discussion and legislation.