October 20, 2004
Whatever happened to Parliamentary Democracy?
Embargo: Immediate release
Enquiries: John Smyth, QC (legal spokesperson)
Cell: +2783 653 8804 :

South African Provincial Parliament Information
Latest abortion statistics

A short Report on the KZN Parliamentary Health Portfolio Committee Sittings on Friday 15 October and Monday 18 October 2004 with particular reference to the Choice on Termination of Pregnancy Amendment Bill

The Constitution of South Africa says in section 118(1)(a)&(b):

“A provincial legislature MUST facilitate public involvement in the legislative processes of the legislature and its committees; and conduct its business in an open manner…….”

To the best of Doctors For Life (DFL’s) knowledge no notice of these hearings was given to the public by way of press advertisement or in any other manner. In a telephone call to one of DFL’s staff the Committee Chairman said ‘We would have expected an organisation like yours to know’.

DFL did find out on Thursday 17 October ‘on the grapevine’ and sent representatives to the hearings on both the Friday and Monday. On Saturday 16 October their staff worked overtime hours to prepare and despatch by fax a 20 page submission both to the Secretary, and to the Chairman personally at her home.

At neither hearing were the public given any opportunity whatever to make submissions, nor was DFL’s written submission referred to at all on the Monday during the debate.

Only 2 MPs raised objections to the Bill, Margaret Ambler-Moore (DA) and Joanne Downes (ACDP). The Committee supported mandatory counselling (already in the existing Act but widely ignored) and voted to include a clause to hold abortion facilities liable for inadequate reporting; otherwise the ruling party overruled all objections. They asserted that nurses had adequate skills to perform abortions, and rejected obligatory scans to assess gestational age in spite of evidence that many abortions are performed illegally after 20 weeks. The Committee seemed obsessed with accessibility to abortion facilities and paid little or no regard to safety or the need to protect mothers from illegal abortions.

The nation-wide pleas of doctors and nurses for a ‘freedom of conscience’ clause were dismissed. The chair and Dr BT Buthelezi (IFP) persuaded the Committee that this was unnecessary in the face of the DA’s insistence that health workers face tremendous pressure. The evidence that the DA are right is clear for all to see. The nurses union DENOSA has spoken out about it in the media and DFL is currently conducting a case in the Vereeniging Equality Court on behalf of a Theatre Sister who was repeatedly intimidated for taking a conscientious stand. Freedom of conscience is well-established and accepted in medical ethics, supported by medical assassinations worldwide.

The Committee appeared to be poorly informed; decisions were made on the basis of personal opinion and party allegiance rather than on evidence. Objections were dismissed on the basis that further hearings will be held in Cape Town.

DFL looks forward to those hearings in Cape Town – they will be hearings of the National Council of Provinces (NCOP) to which the Bill must go when the National Assembly are finished with it. The Constitution, by section 72, mandates the NCOP to facilitate public involvement using the same words as section 118, quoted above. DFL very much hope the NCOP will do more to fulfil their constitutional duty than the KZN Parliament did.

South African Provincial Parliament Information
Latest abortion statistics

For more information, contact John Smyth QC, legal spokesperson (083 653 8804).

Doctors For Life International represent more than 1300 medical doctors and specialists; three-quarters of whom practice in South Africa. Doctors For Life was founded as a South African organisation in 1991 and has spread across the globe. DFL is involved in several community projects including orphan care, the care of terminal AIDS patients, malaria prevention and the care of abused women. Please go to: www.doctorsforlifeinternational.com for more information about these projects.