It required the approval of two doctors independent of the one performing the abortion, and in some cases also of a psychiatrist or a magistrate.
It implemented the statement in the governing African National Congress' policy framework that "every woman must have the right to choose whether or not to have an early termination of pregnancy according to her own beliefs".
From the thirteenth to the twentieth week, a pregnancy may be terminated if it endangers the woman's mental or physical health, if the foetus may suffer from a severe mental or physical abnormality, if the pregnancy resulted from rape or incest, or if it would significantly affect the woman's social or economic circumstances.
[4] Abortions may only be performed at facilities which meet certain requirements for staffing and equipment, and which have been approved by the provincial Member of the Executive Council (MEC) responsible for health.
Even in the case where a minor is pregnant, she must be advised to discuss it with her parents, guardian or family, but their consent is not required.
[8][9] In 2004 the Christian Lawyers Association brought a second constitutional challenge, this time against the provisions of the Act that allow a girl under the age of 18 to have an abortion without the consent of her parents or guardian.
It also introduced the provision exempting facilities with a 24-hour maternity service from needing the MEC's approval to perform abortions in the first twelve weeks.
32 of 2007), further amended the Choice on Termination of Pregnancy Act, 1996 by updating the definitions of "rape" and "incest" making these statutory instead of common law crimes.