Deputy Speaker, it is an absolute disgrace that we are here today debating a Bill that was debated three years ago, simply because the NCOP refused to hold public hearings. What a waste of time and money! I am sure the Minister agrees.
The Constitutional Court was right in forcing Parliament to hold public hearings on this very important piece of legislation. It is in the public interest to do so.
Deputy Speaker, these amendments intend to allow nurses to perform first trimester abortions up to twelve weeks after going on a prescribed course which is within the World Health Organisation's recommendations. Since 1994 when 425 deaths occurred due to unsafe abortions, there has been a 90% reduction in early maternal deaths. Many of the public submissions raised several concerns which relate to people's moral and religious beliefs and in fact mainly related to the principal Act. I certainly believe that there was an opportunity missed by the ANC by not addressing some of them. The right to conscientious objection is a fundamental right which the ANC, for some unknown reasons, refuses to insert in the Act.
Currently there is no provision in the Act which allows medical staff the right to refuse to perform or assist in abortion. During deliberations in the principal Act of 1996 and this week's discussions, the ANC and even pro- choice groups felt that medical staff were adequately protected under the Constitution of Chapter 2 (9)(3) of the Bill of Rights, where a person cannot be discriminated against for amongst other reasons religion, conscience or beliefs.
However, 11 years down the line, some medical staff are claiming that this provision is simply not good enough and that they are being pressurised to perform abortions. In addition, in order to enforce their rights, they have to go to the Constitutional Court which is costly and time-consuming.
Since the adoption of the Civil Union Act, where a conscience clause was inserted, giving marriage officers the right to refuse to marry same-sex couples, the government has through its actions accepted the principle of conscientious objection and that it should be spelt out in law, clearly indicating on what basis this can be done. An inclusion of such a clause would not have had any negative impact on this piece of legislation.
The fact that the department is still formulating draft regulations pertaining to when a medical staff member can refuse to conduct an abortion, 11 years after the adoption of the Act, is an absolute disgrace and shows the contempt this government holds for people wanting to express their conscience. [Applause.]
Another issue of contention was that of mandatory counselling as opposed to nonmandatory counselling. Every person going for HIV-testing has to have counselling for obvious reasons, so why should the same not apply to those wanting abortions?
Having an abortion cannot be downplayed as a simple procedure that has no or little impact on the person concerned. Counselling is essential in order to inform the women or a girl of her options so she can make an informed decision - an empowered woman will make the right decision that is appropriate for her.
Equally important is postcounselling, not only to ensure that the woman or girl is coping emotionally, but also for promotion of family planning and birth control to prevent repeat abortions.
I thank you, Madam Deputy Speaker. [Applause.] [Time expired.]