Court Acquits Young Lady Over Abortion
By Dickson Jere
A 24 year old young lady stood charged with the offence of abortion. She was accused of having taken herbs to abort her child because the father of the child refused responsibility and therefore she could not bear the burden of having another child without support. She already had two children.
When she appeared before the Magistrate Court, she pleaded guilty. She was then sentenced to seven (7) years simple imprisonment on her admission of the offence. She was not represented by lawyer and did not understand the process as the Magistrate did not explain to her.
However, when lawyers took up her case, they filed an appeal in the High Court.
They argued that even though she admitted committing the offence, the young lady was not in a right frame of mind (postpartum) and that the Magistrate did not explain to her the defences available to her as well as the consequences of pleading guilty to such a serious offence. At that time, she was in vulnerable physical and emotional state and could not have understood the charge in Court.
The High Court judge looked at the facts of the case and ruled thus;
“From her plea, Violet admitted that she drank herbs, but she was not asked whether the drinking of the said herbs was with intent to procure obortion of the child,” the Judge observed.
“It can be seen that the plea was equivocal as all the elements of abortion as defined in the Section was not admitted,” the Judge said.
The Court noted the prosecution stance that the father of the child refused responsibility and thereafter the young lady decided to abort were irrelevant to proving the elements of the charge of abortion.
“I accordingly order that the plea of guilty having been aside for being unequivocal,the appeal succeeds but looking at the period that she spent in custody, Violet is hereby set forth at liberty,” the ruled and set her free after spending two years in prison.
“Two years in custody is sufficient lesson,” the Judge said, and declined the prosecution argument that the case should be remitted back to the Magistrate for re-trial after first conviction was defective at law.
Case citation – The People v Violet Zulu – HPA/20/2015 and Judgement delivered last month 15th January, 2026.
Lecture Notes;
1. When one pleads guilty to an offence, the Magistrate ought to make sure that the plea is unequivocal and that the accused understands what he is doing as well as informed of the possible defences for the offence.
2. Abortion is illegal in Zambia but only allowed when conducted at the hospital in the presence of two medical doctors and that abortion should be done when it has been proved that (I) risk the life of the pregnant woman, (ii) risk of injury to the physical or mental health of the woman (iii) risks of physical or mental health of existing children of the woman and (iv) that there is risk if the child were born, would suffer physical and mental abnormalities as to be seriously handicapped.