XHOSA PERI-URBAN WOMEN'S VIEWS ON ABORTION AS A HUMAN RIGHT: IMPLICATIONS FOR A PRO-IMPILO THEOLOGICAL DISCOURSE. ON THE CHOICE OF TERMINATION OF PREGNANCY ACT NO;92 OF 1996, SOUTH AFRICA by ANDILE MANXAILE SUPERVISOR: Or Martin Mandew CO-SUPERVISOR: Rev. Beverley Haddad Submitted in fulfilment of the requirements for The Degree of MASTER OF THEOLOGY in the School of Theology University of Natal Pietermaritzburg February 1998 DEDICATION Men, their rights and nothing more; Women, their rights and nothing Less" (Susan B. Anthony) I wish to dedicate this work to many women who have walked the lonely and anguished path of unwanted pregnancies. To you African women this study, it is hoped, will somehow touch many hearts so that your burden will be shared, thus making lighter your burden to bear. May the patriarchal world in which you live and the churches from which you draw your strength to live find it in them to be in solidarity and empathise with you, instead of often judging you too soon. I believe that no person knows the joy of bringing new life to the world more than you women. African women must be the joyous in the world for the outstanding performance in this regard. Thanks to their African men who often have been too conceited, perhaps, to be grateful for the job well done. And as we begin to experience and experiment with new freedoms of democracy hitherto unknown to us,these are exciting and challenging times for all of us. How you handle your reproductive rights which the constitution entitles you is a great test that will see fundamental changes not only to the values of the family but even more critically to a new definition of women's sexuality. I dedicate this work to you as I attempt to wrestle with these challenges for what their implications might be for our African communities. (i) ABSTRACT The conceptualization of this study is conceived out of the new abortion Act No.92 of 1996. Under this new Act a woman can procure abortion on demand within the first 12 weeks of pregnancy. The thrust of this thesis is based on the hypothesis that a woman's decision to seek abortion is a highly individual decision which neither the church nor one's culture can succeed imposing any control measures against. This essentially means that moral-ethical considerations engendered by one's religio-cultural orientation are in fact inconsequential for individual decision making and implementation. The secondary hypothesis is that while the above may be true, it does not necessarily exonerate the individual from her religio-cultural conditioning and thus creating a dissonance between the woman and her significant others. These may be one's family, church or any close associations. It is in this respect that the study examines three trajectories which, it is claimed, are constitutive of the African contemporary communities. These are: the African traditional culture, the Christian heritage and the culture of human rights as practised within a democratic society. The study looks at the ramifications of what happens when these three perspectives interact, with a particular focus on abortion under the new abortion Act. A recovery of certain elements of African resources is argued for which, it is suggested, can hold in creative tension and healthy balance women's desire to exercise their reproductive rights while not compromising both their religious leanings and cultural roots. In this regard concepts of ubuntu, impi/o, ubomi-mpito and African spirituality are carefully examined and delineated with the eventual purpose of finding accommodative framework within the three trajectories numerated above. This thesis is by no means exhaustive. It is an exploratory study intended to open up aserious discuss!on, specifically on issues of human sexuality on which both the African culture and the Christian faith have been silent. But that silence, as the thesis goes on to show, has not been without its casualties, especially for African women. It is this dangerous silence which the study challenges and seeks to break. (ii) DECLARATION I, Andile Manxaile, of the School of Theology, University of Natal, Pietermaritzburg, declare that this research study submitted on ..................................... 1998 is my original work. Unless specifically indicated to the contrary in the text, this dissertation is not the work of any person but is the product and result of my efforts. Ifurther declare that the work has not been accepted in substance nor currently submitted in candidature for any other degree. CANDIDATE: ANDILE MANXAILE. SIGNATURE: DATE (iii) ACKNOWLEDGEMENT Many people deserve my heartfelt thanks for the final production of this work. Without their support in various forms, this work would not have been started, let alone completion. In this regard I wish to express my deepest words of gratitude to my family, especially Mildred Nomafotofoto, my mother. Despite herself being deprived the opportunity to study she saw the value of education and relentlessly encouraged her seven children to learn. Equally, my gratitude goes to my late father, Farrington Fana who provided the financial resources to make me and others start this journey which to date has taken me this far. To my supervisors, Beverley Haddad and Martin Mandew what can I say to thank you? In what might otherwise have been a lonely journey you walked with me encouraging, urging and even insisting at times! You were always there for me and for this I thank you. You nurtured and guided me into the deep mines of academic wealth helping me to appreciate scholarly debates on issues, thus immensely building my academic acumen. Where my thoughts are less clear and the presentation less impressive than you would have liked, it is because you allowed me freedom to be myself and express my own thoughts. It is for this reason that whatever weaknesses that are in this work the fault is entirely my own. The community of Phola Park, at Umtata where I conducted my fieldwork deserve special mention. You welcomed me into your homes and at times compromised your family privacy. I now know that that quality which has always been admired of the African people has not completely diminished: ubuntu! To all of you, I say: Mazenethole, ningadinwa nangomso futhi nenze njalo nakwabanye! I wish to thank all the staff personnel of the Umtata General Hospital. You trusted me with your documents and made available to me information I desperately needed for the purposes of this research. You spent time with me and were never too busy to respond to the unending number of questions I kept asking. If this was (iv) a test to your call, I wish to congratulate you for being true ambassadors of Florence Nightingale. To you I say: Burn the light and keep the dream alive! Last but not least, my deepest gratitude goes to you Julie Dvall. You were so many things to me. To be sure, you were my typist but even more! Since you welcomed me into your home three years ago, I have grown to admire you and your family as part of my own. It is those 'little' things that count for which I will always remember you, like: holding you up with typing till very late at night, waking you in the early morning, invading your kitchen, ... the list is endless! For all these little things I thank you! (v) TABLE OF CONTENTS PAGE DEDICATION . ABSTRACT ii DECLARATION iii ACKNOWLEDGEMENT IV LIST OF TABLES XI ABBREVIATIONS USED IN THE STUDY xii GLOSSARY OF TERMS xiii CHAPTER ONE: INTRODUCTION. .................. ..... ... . 1 1.1 Background to this study 1 1.2. Motivation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 1.3 Foregrounding my subjectivity . . . . . . . . . . . . . . . . . . . . . . . .. 10 1.4 Value of the study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 1.5 Delimitations of the study . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 1.6 Research methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 CHAPTER TWO: ABORTION ACT THEN ... AND NOW . . . . . . . . . . . . . 19 2.1 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2.2 Abortion and Sterilization Act 2. of 1975 20 2.3 A critique of the old Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2.4 The Choice of Pregnancy Termination Act (No. 92 of 96) .. . . . . 26 (vi) PAGE 2.4.1 Abortion provisions as contained in the new Act . . . . . . . . . . . . 27 2.5 A critique of the new Act. . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 2.5.1 Health personnel and question of accessibility . . . . . . . . . . . . . . 28 2.5.2 The right to counselling and utility of abortion service 31 2.5.3 The question of minors 34 2.5.4 The rights of the male spouse . . . . . . . . . . . . . . . . . . . . . . . .. 35 2.5.5 Conscientious objector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2.6 Consolidation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 CHAPTER THREE: JUDEO-CHRISTIAN ANTHROPOLOGY AND HUMAN RIGHTS 41 3.1 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41 3.2 Enlightenment and the notion of human rights . . . 41 3.3 Enlightenment and notions of personhood . 43 3.4 Judaism: Abortion and human rights 46 3.5 Christianity and the notion of human rights . . . . . . . . . . . . . . .. 49 3.5.1 Roman Catholicism and human rights . . . . . . . . . . . . . . . . . . . . 50 3.5.2 Roman Catholics and their ethics of abortion. . . . . . . . . . . . . .. 51 3.5.3 Protestantism and human rights 56 3.5.4 Protestants and their ethics of abortion . 58 3.5.5 The African independent churches: Abortion and human rights. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 59 3.6 Consolidation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 (vii) PAGE CHAPTER FOUR: AFRICAN ANTHROPOLOGY, HUMAN RIGHTS AND ABORTION 64 4.1 Introduction 64 4.2 African notions of self and personhood . . . . . . . . . . . . . . . . . .. 65 4.2.1 The social self versus the atomized self 65 4.2.2 African personality 67 4.3 African notions of human rights 71 4.3.1 Women's reproductive and fertility rights 73 4.3.2 Gender construction among the AmaXhosa . . . . . . . . . . . . . . .. 75 4.3.3 Regulation of sexual relationships and women's fertility 77 4.4 Xhosa ethics of abortion 81 4.5 The human as both social and as individual person. . . . . . . . . . . 85 4.6 Confronting contemporary sexuality . . . . . . . . . . . . . . . . . . . . . 89 4.7 Consolidation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 CHAPTER FIVE: FIELDWORK AND DATA ASSESSMENT 93 5.1 Introduction 93 5.2 Hypothesis being tested '.. . . . . . . . . .. 94 5.3 Context of study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 5.4 Nature and scope of information gathering process 97 5.4.1 Format of interview process 97 5.4.2 Questionnaire construction . .99 5.4.3 Sample of the population 100 (viii) PAGE 5.4.4 Data gathering methods 101 5.5 Data gathering process: Difficulties and opportunities 102 5.6 Data evaluation and analysis 107 5.6.1 Ethics of abortion as it relates to minors 107 5.6.2 Ethics of abortion as it relates to gender assignments 109 5.6.3 Ethics of abortion as it relates to infidelity 110 5.6.4 Ethics of abortion as it relates to the five traditional factors 111 5.7 Abortion, African culture and the church 116 5.8 Hospital interviews and Actual abortion cases 119 5.8.1 Rape and incest cases 123 5.8.2 Nature and scope of counselling offered 125 5.8.3 Accessibility of TOP 126 5.9 Evaluation 127 5.10 Consolidation 129 CHAPTER SIX: THE PRO-IMPILO ALTERNATIVE 131 6.1 Introduction 131 6.2 The notion of pro-impilo 133 6.2.1 Ubuntu-fication and impilo-fication 134 6.2.2 Ubomi-mpilo 138 6.2.3 African spirituality 141 6.3 The church, human rights and African culture 146 (ix)