Three Court of Appeal judges have unanimously ruled that they have “no basis to interfere” with the High Court’s decision regarding a motion to strike out a constitutional challenge to the nation’s abortion laws.
Last year, abortion rights advocates initiated legal action against the Attorney General concerning the Offences Against the Person Act, a 163-year-old Colonial-era statute.
They are challenging legislation which imposes severe penalties for abortion-related activities, including up to 10 years’ imprisonment for women who terminate pregnancies and two-year sentences for those who assist in such procedures.
The law currently permits abortion only in cases where the mother’s life is in immediate danger.
The Attorney General had filed an application to strike out the legal challenge, arguing that the contested sections of the Offences Against the Person Act were effectively nullified by the Sexual Offences Act of 1995.
The government claimed that the law being challenged had already been repealed and that the case should have instead focused on the Infant Preservation Act.
However, the High Court determined that the question of repeal requires further evidence and careful interpretation. Given its substantial public interest implications, she ruled that the matter warrants full judicial consideration in the form of a trial rather than summary dismissal.
The Attorney General’s office subsequently appealed this decision, arguing that the issue was purely one of law and therefore does not require further evidence.
Yesterday, the appellate court ruled that the Judge’s original decision was appropriate. As a result, the constitutional challenge is expected to proceed to trial in the High Court as initially ruled.
