The Interface between legislative prescripts and religious considerations concerning the termination of pregnancy in South Africa

The Interface between legislative prescripts and religious considerations concerning the termination of pregnancy in South Africa

Hundzukani P. Khosa & Carlos Joel Tchawouo Mbiada

Issue: Vol. 12 No.2 2026 Issue Article 2 pp.36 – 52
DOI: https://doi.org/10.38159/erats.20261222| Published online 29th March 2026.
© 2026 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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ABSTRACT

This article analyses the interface between South Africa’s legislative framework on the termination of pregnancy and the religious, ethical, and moral considerations that continue to shape academic discourse responses to abortion. Anchored on the Choice on Termination of Pregnancy Act 92 of 1996 as the central legal point of analysis, the paper evaluates how the Act advances reproductive autonomy while simultaneously imposing structured limitations informed by constitutional, public health, and ethical concerns. Through an interdisciplinary analysis that draws on constitutional jurisprudence, biblical values, and scholarly discussions, the paper highlights the ongoing tension between pro-choice and pro-life positions. It also assesses how these tensions influence healthcare practitioners, particularly in later-term abortions where moral distress and conscientious objections are more pronounced. The study further explores the broader societal and pastoral dimensions of abortion. It demonstrates how religious communities, especially Christian denominations, frame the termination of pregnancy within doctrines of human dignity, sanctity of life, and pastoral responsibility. The analysis also considers the psychosocial and spiritual impacts of abortion on women, emphasising the role of stigma, community perceptions, and access to compassionate support. Overall, the article argues that South Africa’s legal approach represents a negotiated balance between reproductive rights and the protection of potential life. It concludes that effective engagement with abortion requires a nuanced understanding that accommodates constitutional rights, ethical pluralism, and the lived realities of women, while encouraging faith communities and healthcare systems to adopt approaches grounded in compassion, dignity, and informed moral discernment.

Keywords: Abortion, Termination, Pregnancy, Human Life, Human Rights, Religion, Morality.

BIBLIOGRAPHY

Abrams, Paula. “The Bad Mother: Stigma, Abortion and Surrogacy.” SAGE Publications Sage CA: Los Angeles, CA, 2015.

Adamczyk, Amy, and Margrét Valdimarsdóttir. “Understanding Americans’ Abortion Attitudes: The Role of the Local Religious Context.” Social Science Research 71 (2018): 129–44.

Anthony, Francis-Vincent, and Carl Sterkens. “Religion and the Right to (Dispose of) Life: A Study of the Attitude of Christian, Muslim and Hindu Students in India Concerning Death Penalty, Euthanasia and Abortion.” In Euthanasia, Abortion, Death Penalty and Religion–The Right to Life and Its Limitations: International Empirical Research, 13–63. Springer, 2018.

Baker, J. “Spiritual Care and the Abortion Decision: Supporting Women in a Complex Moral Landscape.” Journal of Religious Ethics 48, no. 2 (2020): 245–60.

Barth, Karl. The Christian Life. Bloomsbury Publishing, 2017.

Baum, A. “The Social Stigma of Abortion: A Review of Literature on Societal Attitudes toward Women Who Have Terminated Pregnancies.” Social Science & Medicine 230 (2019): 1–9.

Blofield, Merike, and Christina Ewig. “The Left Turn and Abortion Politics in Latin America.” Social Politics: International Studies in Gender, State & Society 24, no. 4 (2017): 481–510.

Bloomer, Fiona K, Kellie O’Dowd, and Catriona Macleod. “Breaking the Silence on Abortion: The Role of Adult Community Abortion Education in Fostering Resistance to Norms.” Culture, Health & Sexuality 19, no. 7 (2017): 709–22.

Blystad, Astrid, Haldis Haukanes, Getnet Tadele, Marte E. S. Haaland, Richard Sambaiga, Joseph Mumba Zulu, and Karen Marie Moland. “The Access Paradox: Abortion Law, Policy and Practice in Ethiopia, Tanzania and Zambia.” International Journal for Equity in Health 18, no. 1 (2019): 126.

Boyle, Elizabeth H, Minzee Kim, and Wesley Longhofer. “Abortion Liberalization in World Society, 1960–2009.” American Journal of Sociology 121, no. 3 (2015): 882–913.

Byrnes, Timothy, and Mary C Segers. The Catholic Church and the Politics of Abortion: A View from the States. Routledge, 2019.

Carnegie, Anna, and Rachel Roth. “From the Grassroots to the Oireachtas: Abortion Law Reform in the Republic of Ireland.” Health and Human Rights 21, no. 2 (2019): 109.

Castuera, Ignacio. “A Social History of Christian Thought on Abortion: Ambiguity vs. Certainty in Moral Debate.” American Journal of Economics and Sociology 76, no. 1 (2017): 121–227.

Cockrill, Kate, and Antonia Biggs. “Can Stories Reduce Abortion Stigma? Findings from a Longitudinal Cohort Study.” Culture, Health & Sexuality 20, no. 3 (2018): 335–50.

Coleman, Priscilla K. “Abortion and Mental Health: Review of the Evidence.” British Journal of Psychiatry 197, no. 2 (2010): 1–3.

Cooper, Thia. “Race, Class, and Abortion: How Liberation Theology Enhances the Demand for Reproductive Justice.” Feminist Theology 24, no. 3 (2016): 226–44.

Cromer, Risa. Conceiving Christian America: Embryo Adoption and Reproductive Politics. Vol. 13. NYU Press, 2023.

Dozier, Jessica L, Monique Hennink, Elizabeth Mosley, Subasri Narasimhan, Johanna Pringle, Lasha Clarke, John Blevins, Latishia James-Portis, Rob Keithan, and Kelli Stidham Hall. “Abortion Attitudes, Religious and Moral Beliefs, and Pastoral Care among Protestant Religious Leaders in Georgia.” PloS One 15, no. 7 (2020): e0235971.

Eberl, Jason T. Contemporary Controversies in Catholic Bioethics. Springer, 2017.

Engelbrecht, Michelle Catherine. “Termination of Pregnancy Policy and Services: An Appraisal of the Implementation and Operation of the Choice on Termination of Pregnancy Act (92 of 1996).” University of the Free State, 2005.

Episcopal Church. “ Statement on Abortion and Reproductive Rights,” 2022. https://www.episcopalchurch.org.

Erdman, Joanna N. “Theorizing Time in Abortion Law and Human Rights.” Health and Human Rights 19, no. 1 (2017): 29.

Fergusson, D. M., L. J. Horwood, and J. M. Boden. “Abortion and Mental Health: A Long-Term Follow-up Study.” British Journal of Psychiatry 207, no. 5 (2015): 436–41.

Frohwirth, Lori, Michele Coleman, and Ann M Moore. “Managing Religion and Morality within the Abortion Experience: Qualitative Interviews with Women Obtaining Abortions in the US.” World Medical & Health Policy 10, no. 4 (2018): 381–400.

Gelman, Amanda, Elian A Rosenfeld, Cara Nikolajski, Lori R Freedman, Julia R Steinberg, and Sonya Borrero. “Abortion Stigma among Low‐Income Women Obtaining Abortions in Western Pennsylvania: A Qualitative Assessment.” Perspectives on Sexual and Reproductive Health 49, no. 1 (2017): 29–36.

Grzymała-Busse, Anna M. “Nations under God: How Churches Use Moral Authority to Influence Policy,” 2015.

Guttmacher Institute. “Abortion Reform in South Africa: A Case Study of the 1996 Choice on Termination of Pregnancy Act,” 1998. https://www.guttmacher.org.

Haaland, Marte E S, Haldis Haukanes, Joseph Mumba Zulu, Karen Marie Moland, Charles Michelo, Margarate Nzala Munakampe, and Astrid Blystad. “Shaping the Abortion Policy–Competing Discourses on the Zambian Termination of Pregnancy Act.” International Journal for Equity in Health 18, no. 1 (2019): 20.

Halman, Loek, and Erik Van Ingen. “Secularization and Changing Moral Views: European Trends in Church Attendance and Views on Homosexuality, Divorce, Abortion, and Euthanasia.” European Sociological Review 31, no. 5 (2015): 616–27.

Hanschmidt, Franz, Katja Linde, Anja Hilbert, Steffi G Riedel‐Heller, and Anette Kersting. “Abortion Stigma: A Systematic Review.” Perspectives on Sexual and Reproductive Health 48, no. 4 (2016): 169–77.

Heumann, Stephanie, and Jan Willem Duyvendak. “Pro-Life Movement as Political Actor.” In Players and Arenas: The Interactive Dynamics of Protest, 251–74. Amsterdam: Amsterdam University Press, 2015.

Hiebert, Paul G, R Daniel Shaw, and Tite Tienou. Understanding Folk Religion: A Christian Response to Popular Beliefs and Practices. Vol. 67. Wipf and Stock Publishers, 2024.

Izugbara, Chimaraoke O, Carolyne Egesa, and Rispah Okelo. “‘High Profile Health Facilities Can Add to Your Trouble’: Women, Stigma and Un/Safe Abortion in Kenya.” Social Science & Medicine 141 (2015): 9–18.

Jones, Robert P. The End of White Christian America. Simon and Schuster, 2016.

Kaczor, Christopher. The Ethics of Abortion: Women’s Rights, Human Life, and the Question of Justice. Routledge, 2022.

Kamitsuka, Margaret D. Abortion and the Christian Tradition: A pro-Choice Theological Ethic. Westminster John Knox Press, 2019.

Klusendorf, Scott. The Case for Life: Equipping Christians to Engage the Culture. Crossway, 2023.

Koekemoer, Ronel. “The Public Life of Abortion and the Making of South Africa’s Choice on Termination of Pregnancy Act,” 2022.

Koralewska, Inga, and Katarzyna Zielińska. “‘Defending the Unborn’, ‘Protecting Women’ and ‘Preserving Culture and Nation’: Anti-Abortion Discourse in the Polish Right-Wing Press.” Culture, Health & Sexuality 24, no. 5 (2022): 673–87.

Lewis, Andrew R. The Rights Turn in Conservative Christian Politics: How Abortion Transformed the Culture Wars. Cambridge University Press, 2017.

Londras, Fiona De. “‘A Hope Raised and Then Defeated’? The Continuing Harms of Irish Abortion Law.” Feminist Review 124, no. 1 (2020): 33–50.

Londras, Fiona de, and Máiréad Enright. “Accessing Abortion Care: Principles for Legislative Design.” In Repealing the 8th, 61–104. Policy Press, 2018.

Lopez, M. S., S. D. Brown, and E. E. Carter. “Reproductive Rights and Healthcare Access: The Impact of Abortion Stigma on Healthcare Access.” Journal of Public Health Policy 39, no. 3 (2018): 354–66.

McIntosh, Esther. “Issues in Feminist Public Theology 1.” In Public Theology and the Challenge of Feminism, 63–74. Routledge, 2015.

Mkhwanazi, Nolwazi. “Twenty Years of Democracy and the Politics of Reproduction in South Africa.” African Identities 12, no. 3–4 (2014): 326–41.

Ngwena, Charles. “Conscientious Objection and Legal Abortion in South Africa: Delineating the Parameters.” Journal for Juridical Science 28, no. 1 (2003): 1–18.

O’Brien, George Dennis. The Church and Abortion: A Catholic Dissent. Rowman & Littlefield, 2023.

Orthodox Church in America. “Statement on the Sanctity of Life,” 2005. https://www.oca.org.

Ottuh, Peter O O, and O Godwin Idjakpo. “Imperativeness of Ethics in Christianity: Perspectives and Praxis.” KIU Journal of Social Sciences 7, no. 1 (2021): 129–35.

Parsons, Talcott. “Christianity and Modern Industrial Society.” In Sociological Theory, Values, and Sociocultural Change, 33–70. Routledge, 2017.

Peters, Rebecca Todd. Trust Women: A Progressive Christian Argument for Reproductive Justice. Beacon Press, 2018.

Pew Research Center. “Religious Groups’ Official Positions on Abortion,” 2013. https://www.pewresearch.org/religion/2013/01/16/religious-groups-official-positions-on-abortion.

———. “Where Major Religious Groups Stand on Abortion,” 2016. https://www.pewresearch.org/short-reads/2016/06/21/where-major-religious-groups-stand-on-abortion.

Pickles, Camilla. “Lived Experiences of the Choice on Termination of Pregnancy Act 92 of 1996: Bridging the Gap for Women in Need.” South African Journal on Human Rights 29, no. 3 (2013): 515–35.

Platt, David. Counter Culture: Following Christ in an Anti-Christian Age. Tyndale House, 2017.

Ponzo, Jenny. “Motherhood and Personhood and Catholic Norms.” International Journal for the Semiotics of Law 35, no. 4 (2022): 1369–92.

Pope Paul VI. “Humanae Vitae (On the Regulation of Birth).” The Linacre Quarterly 86, no. 1 (2018): 18.

Rae, Scott. Moral Choices An Introduction to Ethics. Zondervan Academic, 2018.

Religious Institute. “Open Letter to Religious Leaders on Abortion as a Moral Decision,” 2005. https://www.religiousinstitute.org.

Robinson, Haddon W. Biblical Preaching: The Development and Delivery of Expository Messages. Baker Books, 2025.

Sanger, Carol. About Abortion: Terminating Pregnancy in Twenty-First-Century America. Harvard University Press, 2017.

Second Vatican Council. “Gaudium et Spes,” 1965.

Singh, Susheela, Chander Shekhar, Rajib Acharya, Ann M Moore, Melissa Stillman, Manas R Pradhan, Jennifer J Frost, Harihar Sahoo, Manoj Alagarajan, and Rubina Hussain. “The Incidence of Abortion and Unintended Pregnancy in India, 2015.” The Lancet Global Health 6, no. 1 (2018): e111–20.

Southern Baptist Convention. “Resolution on the Sanctity of Human Life,” 2021. https://www.sbc.net.

Speckhard, Anne. “Traumatic Death in Pregnancy: The Significance of Meaning and Attachment.” In Death and Trauma, 67–100. Routledge, 2022.

Swemmer, Sheena. “While We Were Sleeping–the Choice on Termination of Pregnancy Amendment Draft Bill as an Act of Indirect Discrimination? Discussion of the Choice on Termination of Pregnancy Amendment Draft Bill [PMB-2017.” Stellenbosch Law Review 29, no. 1 (2018): 107–23.

Swinburne, Richard. “Christian Moral Teaching on Sex, Family and Life.” In Intervention Dans Midwest Society of Christian Philosophers Conference, Evangel University (Springfield, MO), 2016.

Szelewa, Dorota. “Killing ‘Unborn Children’? The Catholic Church and Abortion Law in Poland since 1989.” Social & Legal Studies 25, no. 6 (2016): 741–64.

Tolstoy, Leo. The Kingdom of God Is within You. Lebooks Editora, 2025.

Tomkins, Andrew, Jean Duff, Atallah Fitzgibbon, Azza Karam, Edward J Mills, Keith Munnings, Sally Smith, Shreelata Rao Seshadri, Avraham Steinberg, and Robert Vitillo. “Controversies in Faith and Health Care.” The Lancet 386, no. 10005 (2015): 1776–85.

Tozer, Aiden Wilson. “Knowledge of the Holy: The Attributes of God. Their Meaning in the Christian Life,” 2022.

United States Catholic Conference. Catechism of the Catholic Church. Vol. 511. Thomas More Publishing, 1994.

Williams, Daniel K. Defenders of the Unborn: The pro-Life Movement before Roe v. Wade. Oxford University Press, 2015.

———. “The Partisan Trajectory of the American Pro-Life Movement: How a Liberal Catholic Campaign Became a Conservative Evangelical Cause.” Religions 6, no. 2 (2015): 451–75.

Women Deliver. “Impact of Legal Reform on Abortion in South Africa,” 2019. https://womendeliver.org.

AUTHOR(S)

Carlos Joel Tchawouo Mbiada holds a Doctorate in Law from the North-West University. He is a senior lecturer in the Department of Mercantile and Private Law at the University of Venda. Prior to joining the University of Venda, he served for over a decade as a researcher in the Labour and Labour Appeal Courts of South Africa. He specialises in Labour Law and Alternative Dispute Resolution.

Hundzukani Portia Khosa holds a Doctorate in Theology from the University of Pretoria. She is an associate Professor at North-West University at the school of Christian Ministry and leadership. Prior to joining North-West University, she was a senior lecturer in the Department of Human Sciences.

TO CITE ARTICLE

Khosa, Hundzukani P. and Carlos Joel Tchawouo Mbiada. “The Interface between Legislative Prescripts and Religious Considerations Concerning the Termination of Pregnancy in South Africa.” E-Journal of Religious and Theological Studies 12, no.2 (2026): 36 – 52. https://doi.org/10.38159/erats.20261222