AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)

A minor girl who becomes pregnant as a result of sexual violence is automatically entitled to access safe termination of pregnancy under section 19(1)(a) and 19(2) of the Gender Equality Act, read with section 243 of the Penal Code, which must be interpreted purposively to include preservation of mental health. The 1st defendant breached statutory duties by denying access and failing to impart necessary information. The 2nd defendant is vicariously liable. The 3rd defendant breached its mandate by failing to promulgate clear guidelines. The 4th defendant breached its statutory duties by failing to enforce and promote access to safe abortion for minors. The claimant suffered loss and is...

Citation
[2025] MWHCCiv 14
Parties
Claimant: AC (A Minor) acting through Litigation Guardian Mr CJ; 1st Defendant: Mr Jenala Solomon; 2nd Defendant: Blantyre District Council (One Stop Centre at Chileka Health Centre); 3rd Defendant: Attorney General (Minister of Health); 4th Defendant: Human Rights Commission; Amicus Curiae: Centre for Reproductive Health
Court
High Court of Malawi Civil Division
Jurisdiction
Malawi
Judgment Date
28 October 2025
Case Number
Civil Cause 162 of 2023
Procedural Posture
Civil Cause / Judgment
Outcome
Claimant's case succeeds; declarations and reliefs granted; costs awarded.
Legal Topics
Sexual and Reproductive Health Rights, Abortion Law, Gender Equality, Vicarious Liability, Statutory Interpretation, Mental Health, Children's Rights, Breach of Statutory Duty
Source Language
English
Constitutional Law Human Rights Law Health Law Child Protection Law Sexual and Reproductive Health Rights Abortion Law Gender Equality Vicarious Liability +4 more

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Parties

AC (A Minor) acting through Litigation Guardian Mr CJ

Claimant

Mr Jenala Solomon

1st Defendant

Blantyre District Council (One Stop Centre at Chileka Health Centre)

2nd Defendant

Attorney General (Minister of Health)

3rd Defendant

Human Rights Commission

4th Defendant

Centre for Reproductive Health

Amicus Curiae

Procedural Posture

Civil Cause / Judgment

Legal Issues

  1. 1 Whether the claimant was denied termination of pregnancy services by the 1st defendant
  2. 2 Whether the 2nd defendant is vicariously liable for the 1st defendant’s refusal
  3. 3 Whether the 1st defendant’s refusal breached sections 19(1)(a), 19(2), and 20(1)(d) of the Gender Equality Act

Ratio Decidendi

A minor girl who becomes pregnant as a result of sexual violence is automatically entitled to access safe termination of pregnancy under section 19(1)(a) and 19(2) of the Gender Equality Act, read with section 243 of the Penal Code, which must be interpreted purposively to include preservation of mental health. The 1st defendant breached statutory duties by denying access and failing to impart necessary information. The 2nd defendant is vicariously liable. The 3rd defendant breached its mandate by failing to promulgate clear guidelines. The 4th defendant breached its statutory duties by failing to enforce and promote access to safe abortion for minors. The claimant suffered loss and is...

Court Disposition

Claimant's case succeeds; declarations and reliefs granted; costs awarded.

Orders

  • Declaration that the 1st defendant breached sections 19(1), 19(2), and 20(1)(d) of the Gender Equality Act
  • Order that the 2nd defendant is vicariously liable for the actions of the 1st defendant