Relebohile Makhetha
19-year-old Rethabile Pali was this week sentenced in the Maseru Magistrate Court to one year and six months in prison for the illegal termination of her pregnancy, with the option of a M5,000 fine in lieu of serving time.
The court suspended half of the custodial sentence for two years, contingent upon Pali committing no further offences during that period.
The court heard that on 28 August and 10 September 2024, in Roma, Mafikeng, the accused unlawfully and intentionally terminated her pregnancy.
Pali pleaded guilty and explained to the court that she had taken the abortion pills provided by her boyfriend after he refused to take responsibility for the pregnancy.
She stated that she is unemployed, orphaned, and has limited family support. She further explained that her boyfriend, a National University of Lesotho (NUL) student, had pressured her to terminate the pregnancy as he was not ready to be a father.
In sentencing Pali, the court considered the seriousness of the offence, noting that it was a heinous act against both the state and the unborn child. The court also highlighted the advanced stage of the fetus at the time of the termination, which further aggravated the offence.
The court imposed the sentence to deter future such offences and to punish the accused for her actions.
According to section 45 of the Penal Code Act, enacted in 2012, a person who does any act bringing about the premature termination of pregnancy in a female person with the intention of procuring a miscarriage, commits the offence of abortion.
However, the section further states that it shall be a defence to a charge under this section that the act intended to terminate pregnancy was performed by a registered medical practitioner:
- in order to prevent significant harm to the health of the pregnant female person, and the person performing the act has obtained a written opinion from another registered medical practitioner to the effect that the termination of pregnancy is necessary to avoid significant harm to the health of the pregnant female person;
- in order to prevent the birth of a child who will be seriously physically or mentally handicapped, and the person performing the act has obtained in advance from another registered medical practitioner a certificate to the effect that the termination of the pregnancy is necessary to avoid the birth of a seriously physically or mentally handicapped child; or
- in order to terminate the pregnancy of a female person who is pregnant as a result of incestuous relationship or victim of rape.
