AC (Minor) suing through a litigation guardian vs The Attorney General and Others
Case Name: AC (Minor) v. Ministry of Health & Others
Court: High Court of Malawi – Blantyre Registry
Facilitating Organizations: Nyale Institute, Centre for Human Rights Rehabilitation(CHRR)
Presiding Judge: Hon. Justice Mike Tembo
Legal Representation:
For the claimant: Mlauzi Legal Solutions, Nyale Institute, Legal Aid Bureau
For the defendant: Attorney General’s Chambers. Malawi Human Rights Commission
Amicus: Soko & Co. Lawyers
Background:
This case involves a 14-year-old girl (AC – Minor), a survivor of rape, who became pregnant and was denied access to safe and legal abortion services. She is challenging the Ministry of Health, and the Malawi Human Rights Commission, seeking judicial clarification on her entitlement to termination of pregnancy under the Gender Equality Act and related laws.
Key Legal Issues:
- Whether the denial of abortion services violated the claimant’s rights under Malawi’s Gender Equality Act.
- Whether the Ministry of Health was in breach of its duties under the Gender Equality Act.
- Whether the Malawi Human Rights Commission was in breach of its obligations under the relevant laws.
Status:
- Trial Dates: May 15–16, 2025
- Proceedings: Four witnesses testified.
- Next Steps: The Court has directed parties to file final written submissions within 21 days. Judgment will follow thereafter.
Significance:
This case is important in public interest litigation concerning reproductive justice and gender equality in Malawi. The decision is expected to set precedent on access to abortion care for minors who are survivors of sexual violence and clarify the application of the Gender Equality Act in such contexts.
