Malawi’s major faith bodies are challenging a High Court ruling that allowed a 14-year-old rape survivor to access an abortion, warning the decision sets a “worrying precedent” for the country’s abortion laws.
The Malawi Conference of Catholic Bishops, the Malawi Council of Churches, the Evangelical Association of Malawi and the Muslim Association of Malawi said the Oct. 28 ruling not only overturns long-standing legal limits on abortion but also risks reshaping national policy without broad public consensus.
In a joint statement, the groups said they are consulting legal counsel and engaging the Office of the Attorney General to consider an appeal, arguing that the court’s interpretation of the Gender Equality Act could lead to a wider expansion of abortion access in a country where the procedure is largely criminalized.
The ruling, delivered in Blantyre, found that denying the girl access to safe abortion care violated her rights under the Gender Equality Act. The court held that girls impregnated through sexual offenses automatically qualify for safe abortion services in Malawi.
In a statement dated Nov. 12, 2025, the four religious mother bodies confirmed that they are reviewing legal options and engaging the government, noting that the Office of the Attorney General was one of the defendants in the case.
The faith leaders appealed to MPs to reject any attempt to expand existing abortion grounds. They referenced the previous rejection of the Termination of Pregnancy Bill and warned that widening access could “open the door to abortion on demand,” which they caution would align with global pro-abortion movements. Their statement acknowledged the hardships faced by women and girls with unplanned or difficult pregnancies but insisted that ending the life of an unborn child is not the solution
Malawi’s abortion law restricts termination of pregnancy only to save the life of the mother; otherwise, abortion is criminalized with penalties for both women and providers.
Supporters of loosening Malawi’s abortion laws frequently cite health-sector data estimating that unsafe abortions account for between 6% and 18% of maternal deaths nationwide. They argue that restrictive legislation pushes women and girls toward dangerous, clandestine procedures and say broader legal grounds could reduce preventable deaths and ease pressure on the public health system.
However, recent research estimates that “abortive outcomes” — a category that includes both induced and spontaneous abortions — account for roughly 6% to 7% of maternal deaths in Malawi, or about 70 to 150 deaths each year. Some older studies have cited higher figures, but those relied on data from the 1980s and 1990s and did not distinguish clearly between unsafe induced abortion and miscarriage. More recent analysis also suggests that many deaths recorded under “abortion” were likely the result of complications from miscarriage rather than unsafe procedures. The evidence also indicates that the proportion of maternal deaths linked specifically to abortion has likely declined over the past 15 to 20 years, although comprehensive, updated data remain limited.
Following the ruling, Amnesty International — a prominent international organization advocating for abortion as a women’s rights issue — praised the decision. Its regional director for East and Southern Africa, Tigere Chagutah, said: “In a country where abortion remains largely criminalized, this landmark ruling sets an important precedent. It affirms that forcing a woman or girl to carry an unwanted pregnancy to term is a violation of their rights.”
Legal analysts say the next step will depend on whether the government appeals. A judicial review brief from the Centre for Human Rights at the University of Pretoria previously noted that cases of sexual violence fall under rights-based protections already present in Malawi’s legal framework, signaling possible implications for future rulings.
With the country’s major faith bodies now formally opposing the judgment, Malawi’s executive, judiciary and legislature will determine the legal and policy direction in the months ahead.
Below is the full statement by the faith groups:
FAITH LEADERS’ STATEMENT ON THE RECENT ABORTION JUDGEMENT AND OTHER ETHICAL ISSUES
The religious mother bodies in Malawi namely; the Malawi Conference of Catholic Bishops (MCCB), the Malawi Council of Churches (MCC), the Evangelical Association of Malawi (EAM) and the Muslim Association of Malawi (MAM) wish to reaffirm their strong and unwavering commitment to the promotion, protection, and sanctity of life, and to the natural family as ordained by God.
The mother bodies; stand united in expressing deep concern over the recent High Court judgement on abortion, which we believe sets worrying precedent for the protection of both mothers and unborn children in our country.
We are consulting our legal counsel to explore appropriate steps in response to this development. At the same time, we are engaging with the Government, through the Office of the Attorney General as the principal legal adviser to the Government and one of the Defendants in the case, to explore the possibility of appealing against this judgement.
We remain hopeful that the Government known for its respect for the cultural, moral, and religious values cherished by the majority of Malawians will act accordingly to safeguard our laws from alterations that undermine the will and values of the people. Decisions of such magnitude, touching on fundamental moral and ethical principles, must not rest solely on the opinion of a single judge but must reflect the conscience of our nation.
OUR APPEAL
We call upon our Members of Parliament to once again, as did their predecessors in rejecting the proposed Termination of Pregnancy (TOP) Bill, stand united in defending life and resisting any attempt to manipulate our laws to justify the taking of innocent unborn lives.
As faith leaders, we are fully aware of the hardships faced by women and girls who experience unplanned or difficult pregnancies. However, we firmly believe that ending the life of an unborn child is not the solution.
Instead, as a nation, we must foster honest, compassionate and constructive dialogue to address these challenges, finding ways to support vulnerable girls and women while upholding the sanctity of life for both mother and child.
We further urge all citizens across Malawi to stand in solidarity to defend life, family, and moral integrity against any form of assault. We hold, without reservation, that life begins at conception and is sacred. No one has the moral or divine right to terminate life arbitrarily.
Our current laws already provide adequate protection for both mothers and unborn children. Any attempt to expand the grounds for abortion beyond what is currently permitted would open the door to abortion on demand, which aligns with the long-term objectives of global pro-abortion movements, a path we must not take.
Ultimately, this is a moral and spiritual battle between light and darkness. We therefore urge all Malawians to cover our nation and our leaders in the Executive, Judiciary and Legislature, in earnest prayer that they may be guided by the fear of God, uphold divine principles and act with wisdom and justice.
May the Lord bless Malawi and keep it a land of peace.
Signed by:
Malawi Conference of Catholic Bishops (MCCB)
Rt. Rev. Martin Mtumbuka - President
Very. Rev. Fr. Valeriano Mtseka - Secretary General
Malawi Council of Churches (MCC)
Rev. Prof. Billy Gama- Chairperson
Rev. Alemekezeke Phiri -General Secretary
Evangelical Association of Malawi (EAM)
Archbishop Dr. Mark Kambalazaza - Chairperson
Rev. Francis Mkandawire- General Secretary
Muslim Association of Malawi (MAM)
Sheikh Idrissa Muhammad - Chairperson
Alhaj Dr. Twaibu Lawe - Secretary General
