BY GREG ROSENBERG

WASHINGTON, D.C. - On October 30, South Africa's National Assembly passed a bill allowing women to choose abortion on demand, at state expense, up to the twelfth week of pregnancy.

The measure - among the most progressive abortion bills in the world -was approved by a vote of 209 to 87, with five abstentions. The Senate, with an African National Congress majority, approved the legislation on November 5 with 49 votes to 21. It will be sent to South African president Nelson Mandela for his signature.

The ANC benches erupted in cheering and ululating at the vote. An October 30 Reuters dispatch remarked that members of "the National Party sat stony-faced and rightist Freedom Front leader Constand Viljoen shook his head."

Both of these parties, along with the Inkatha Freedom Party and African Christian Democratic Party, staunchly opposed allowing women the right to choose abortion. Outside parliament, the ANC Youth and Women's Leagues held a demonstration in favor of abortion rights.

The Choice on Termination of Pregnancy bill provides that "a pregnancy may be terminated during the first 12 weeks of the gestation period of a woman who so requests." Between the 13th to the 20th week, a woman may request and obtain an abortion if certain conditions are met: if the pregnancy constitutes "a risk of injury to the woman's physical or mental health," if there is "substantial risk that the fetus would suffer from a severe physical or mental abnormality," if the pregnancy is a result of rape, or if bringing the pregnancy to term "would significantly affect the social or economic circumstances of the woman."

After 20 weeks, a doctor can recommend abortion only if the pregnancy endangers the life of the woman or would result in deformation of the fetus.

In all cases, the abortion may only be carried out at the request of the woman. The legislation also specifies that while counseling may be recommended prior to an abortion, under no circumstances are women - including minors - required to consult with parents, spouses, or anyone else prior to the abortion. The decision is strictly a woman's choice.

The bill provides for fines and jail terms of up to six months for anyone who "obstruct(s) access to a facility for the termination of pregnancy."

"This bill reflects the individual's right to govern her own body and her own life," remarked ANC deputy secretary general Cheryl Carolus. She pointed out that an estimated 200,000 back alley abortions occur annually in South Africa. Apartheid law, which is still in the books, barred all abortions except in the case of rape or when women's health was at risk. Some 45,000 women annually are admitted to hospitals after having undergone back-alley abortions or induced miscarriages.

Heated debate took place leading up to the vote. "Just how far away are we from another Sodom and Gomorrah?" asked National Party MP Cyril George. "Abortion on demand is simply cold-blooded murder and should not be allowed."

"Who are we to say we care about life, that we care about children and about human suffering when United Nations figures show 84,000 children dying before the age of five in our country," countered Pregs Govender of the ANC. "Where was the outrage, where were the edicts from those who stand in pulpits now and hail down stones and talk of sin?" she said.

"Hundreds of women, more than all the members of the National Assembly, die annually from these unsafe [back-alley] terminations of pregnancy," said Health Minister Nkosazana Zuma of the ANC. "This bill will save their lives by giving them a choice to terminate the pregnancy safely and in dignity." Zuma said the legislation would take effect within a few months.

"We need to ensure that women are in a position to take decisions over their own lives," said the Congress of South African Trade Unions in a statement prior to the vote. "This includes being able to terminate unwanted pregnancies." The trade union federation pointed out that it "represents the working woman and the majority of its members are poor and black, people who in the past... had to turn to dangerous back street abortions."

While the Catholic Church hierarchy lobbied ferociously against the bill, those voting for its passage included Catholic nun Bernard Ncube, a member of the ANC. The South African Council of Churches supported the bill. South Africa's Islamic Unity Convention said any MP who voted for the pro- choice legislation would be reported to Muslim religious leaders in Cairo, Medina and Pakistan.

The Democratic Party and Pan-Africanist Congress voted for the bill.

The legislation was brought to a vote after amendments introduced by the National Party were rejected. Among other things, the party which presided over apartheid had wanted a clause guaranteeing "freedom of conscience" for medical practitioners who did not want to perform the procedure.

The ANC's position on abortion rights was reaffirmed at a September 30 meeting of its National Executive Committee.

The NEC added that "we do not accept that there should be any mandate for a "vote of conscience" for ANC MPs," that is ANC deputies in the National Assembly from party discipline on the day of the vote. All ANC members were instructed to vote for the legislation. Reflecting some opposition to abortion rights within the organization, however, some 50 ANC delegates did not show up for the vote. This was allowed by the ANC leadership.

Hundreds of testimonials were presented to the legislature prior to the vote, both pro-choice and anti-abortion rights. Opponents of women's right to choose also organized demonstrations in various parts of the country, many of which drew hundreds of participants.  
 
 
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