Zimbabwe’s Constitutional Court has set aside a High Court judgment that sought to widen access to lawful abortion, ruling that the lower court did not complete the legal analysis required before striking down a law.

In a judgment delivered on 14 October 2026, the apex court declined to confirm the High Court’s declarations that provisions of the Termination of Pregnancy Act were unconstitutional, according to reports by NewZimbabwe.com and The Herald. The High Court had found the law unconstitutional to the extent that it excluded mental health as a ground for lawful termination, and that its definition of “unlawful intercourse” did not cover conduct prohibited under the Mental Health Act.

Writing for the court, Justice Bharat Patel said the High Court had not separately applied the test in section 86(2) of the Constitution, which asks whether a limitation on rights is fair, reasonable, necessary and justifiable in an open, just and democratic society. “A finding that the impugned legislation limits a constitutional right does not, without more, render that legislation unconstitutional,” he said.

The case was brought by the Community Working Group on Health and legislator and activist Nyasha Batitsa against the Health and Justice ministers, the Attorney-General and Parliament. The applicants argued that physical and mental health cannot be separated, and warned that forcing women with severe psychiatric conditions to continue a pregnancy could expose them to suicide, postpartum psychosis and lasting psychological harm.

The government defended the law, arguing that it is already broad enough to cover health conditions that threaten a woman’s life, and cautioning against a blanket approach to mental health conditions, which vary in severity. Pro-life groups that took part as friends of the court said expanding the grounds was a matter for Parliament.

The court also rejected any suggestion that Parliament’s decisions are beyond judicial review. “The conduct and decisions of Parliament, like any other exercise of public power, are subject to constitutional review by this Court,” Justice Patel said.

Importantly, the ruling is not a finding that excluding mental health from the abortion grounds is constitutionally justified. Both outlets report that the court’s decision turned on how the High Court reached its conclusion, leaving the broader question of whether mental health should be a lawful ground unresolved in these proceedings. The Act dates back to the 1970s.

Sources: NewZimbabwe.com, The Herald.

Zimbabwe’s nurses have accused the government of betraying them after it abandoned a promised review of health-specific allowances, and warned that they may begin withdrawing night, on-call and standby duties.

The allowances were last reviewed in 2022. Health workers argue the value of that award has since been wiped out by the cost of living, and say the government committed in April to a fresh review, with the Health Bipartite negotiating panel setting June as the deadline for completing it.

Zimbabwe Nurses Association president and Health Apex Team leader Enock Dongo said representatives were instead told at a recent bipartite meeting that there was “no fiscal space” to carry out the review this year.

“This is unacceptable and risks pushing an already demoralised health workforce to the limit,” Dongo said. “The continued failure to honour commitments made to nurses, doctors, pharmacists, radiographers, laboratory scientists and other health professionals has reached a point where we can no longer remain silent. We are saying enough is enough.”

Dongo said the commitments had been made publicly by Health and Child Care Minister Douglas Mombeshora and Finance Minister Mthuli Ncube. “Lying to workers through high offices like ministers is regrettable, unacceptable, and will not be tolerated,” he said.

The association is demanding an immediate review of health-specific allowances backdated to 2022, that the government honour the April commitment and the June deadline, public accountability from the two ministers, and urgent re-engagement with health worker representatives.

Dongo set out what he said would follow if nothing changed: “further demoralisation of an already demoralised workforce, temporary withdrawal of labour if this is not addressed urgently, total collapse of the health sector once workers stop performing night duty, on-call and standby duties, and untold suffering for ordinary citizens who depend on public health institutions.”

Pay and conditions in Zimbabwe’s public health sector have been a recurring flashpoint, and are a major driver of the emigration of nurses and doctors to Britain, the Gulf and elsewhere.

Sources: NewZimbabwe.com; 263Chat.

The Ministry of Health and Child Care has told Zimbabweans not to panic about a rise in influenza cases, saying the increase matches the pattern the country sees every winter.

In a statement issued this week, the ministry said it was tracking the situation through the national disease surveillance system and reports from health facilities. “Zimbabwe is experiencing its annual seasonal increase in influenza cases, typically seen during the winter months of June and July,” it said, adding: “There is currently no cause for alarm, as the increase is consistent with normal seasonal patterns.”

The reassurance follows weeks of public unease, much of it on social media, about a flu-like illness that people have described as unusually severe. CITE reported that concern has been strongest in Bulawayo, with some describing symptoms as brutal and comparing them to Covid-19. Doctors have rejected any link to a new coronavirus strain.

The ministry named several groups as being at higher risk of complications: young children, older people, pregnant women, and people living with diabetes, heart disease, asthma or HIV, as well as anyone with weakened immunity. Those groups, it said, should seek medical attention early if flu symptoms appear.

Most people recover within a few days, according to the ministry, and should rest, drink plenty of fluids, eat properly and use paracetamol for fever or body aches. It warned specifically against reaching for antibiotics. “Antibiotics do not treat influenza, as it is caused by a virus,” the ministry said, adding that they should only be used when prescribed.

Warning signs that warrant medical attention include difficulty breathing, persistent high fever, chest pain, severe weakness or confusion, convulsions, signs of dehydration, or symptoms that improve and then worsen again. Parents and caregivers were told to act quickly if a young child is struggling to breathe, refusing to feed or unusually drowsy.

On prevention, the ministry advised regular handwashing with soap or sanitiser, covering the mouth and nose when coughing or sneezing, keeping homes and workplaces ventilated, and avoiding close contact with people who are unwell. Anyone with symptoms was urged to stay at home where possible, and to wear a mask if they must go out or visit a clinic.

The ministry said it would continue monitoring the situation and publish further updates where necessary.

Sources: Ministry of Health and Child Care statement, NewsDay, CITE.