eSwatini
Marriage Act, 1964
Act 47 of 1964
- Commenced on 31 July 1964
- [This is the version of this document at 1 December 1998.]
Part I – Introduction
1. Short title and application
2. Interpretation
In this Act—“Minister” means the Minister of Justice.Part II – Restrictions on right to marry
3. Minors
4. Persons of unsound mind
No person may marry who is certified or adjudged to be of unsound mind by competent authority; or is, through unsoundness of mind, incapable of managing himself or his affairs.5. Widows or widowers with minor children
No widow or widower with minor children from a previous marriage, other than a marriage in accordance with Swazi law and customs, may marry unless the provisions of section 89 of the Administration of Estates Act No. 28 of 1902 have been complied with.6. Relationship within the prohibited degrees
7. Person already married
Part III – Preliminaries to marriage
8. Requirement of banns or special licence
No marriage shall be valid unless within a period of not more than three months previous to its solemnization banns have been published as provided in this Act or a special licence has been issued in terms of section 14.9. Banns
Banns of marriage shall state the full names of the intended consorts, their marital status and the district in which they reside.10. Publication of banns
Banns may be published either—11. Banns published elsewhere in Africa
A marriage officer may solemnize a marriage the banns of which have been published in different districts in Swaziland or in any other country in Africa:Provided that the marriage officer satisfies himself by written evidence (on oath if he deems it necessary) that the banns have been duly published in that other district, country, in accordance with the law thereof.12. Banns relating to marriage of British subject in Swaziland
Where a marriage is intended to be solemnized in Swaziland between a British subject residing in Swaziland and a British subject residing in the United Kingdom, or Northern Ireland, a certificate for marriage issued by a superintendent registrar in England and a certificate for marriage issued by a registrar and a certificate of proclamation of banns in Scotland and a certificate for marriage issued by a registrar in Northern Ireland shall, in respect of the party resident in the United Kingdom, have the same effect in Swaziland as the publication of banns in the manner provided by this Act.13. Banns for marriage in United Kingdom of Swaziland resident
Where a marriage is intended to be solemnized in the United Kingdom or Northern Ireland between a British subject residing in the United Kingdom or Northern Ireland and a British subject residing in Swaziland, the banns of the intended marriage in respect of the party residing in Swaziland may be published in like manner as if the marriage were intended to be solemnized in Swaziland and a certificate of the publication shall be given by the person by whom they were published.14. Special licence
15. Application for special licence
Persons desiring to be married by licence in accordance with section 14 shall appear before the district officer, give him their names, produce such documents and give such written statements (on oath if he deems it necessary) and answer such questions as he sees fit to put to them for the purpose of satisfying himself that—Part IV – The marriage ceremony
16. Marriage officers
17. Unauthorized marriage officers
A person, not being a marriage officer under this Act, who knowingly purports to conduct a marriage ceremony in terms of this Act is guilty of an offence and shall be liable, on conviction, to a fine not exceeding two hundred emalangeni or imprisonment for a period not exceeding one year.18. Place and time of marriage ceremony
19. The ceremony: religious
Any marriage officer who is a minister of religion or a person holding a responsible position in any religious denomination or community shall perform the marriage ceremony in accordance with the formula in use in the congregation to which he belongs:Provided the formula complies substantially with section 20(a), (b) and (c).20. The ceremony: civil
A marriage officer who is not a minister of religion or who does not hold a responsible position in a religious denomination or community shall solemnize a marriage in the following manner—21. Bride’s signature in marriage register in former name
When complying with the requirements of section 21 of the Births, Marriages and Deaths Act No. 22 of 1927, the bride shall sign in the name she bore immediately prior to the marriage.22. Penalty for making false declaration to a marriage officer
A person who knowingly falsely declares to a marriage officer that he knows of no legal impediment to his marriage shall be guilty of an offence and liable, on conviction, to a fine not exceeding one hundred emalangeni or, in default of payment thereof, imprisonment for a period not exceeding six months:Provided that such penalty shall be in addition to any penalty he may incur on a conviction for bigamy.23. Penalty for conducting a marriage ceremony otherwise than in terms of this Act
A marriage officer who conducts a marriage ceremony otherwise than in terms of this Act shall be guilty of an offence and liable, on conviction, to a penalty of a fine not exceeding two hundred emalangeni or imprisonment for a period not exceeding one year.Part V – Consequences of marriage
24. Common law
The consequences flowing from a marriage in terms of this Act shall be in accordance with the common law as varied from time to time by any law, unless both parties to the marriage are Africans in which case, subject to the terms of section 25, the marital power of the husband and the proprietary rights of the spouses shall be governed by Swazi law and custom.25. Variation of consequences of marriage
History of this document
01 December 1998 this version
Consolidation
31 July 1964
Commenced
Cited documents 2
Legislation 2
Documents citing this one 57
Gazette 51
- Swaziland Government Gazette dated 1978-06-30 number 895
- Swaziland Government Gazette dated 1979-08-17 number 965
- Swaziland Government Gazette dated 1981-08-14 number 114
- Swaziland Government Gazette dated 1982-11-05 number 189
- Swaziland Government Gazette dated 1983-01-28 number 203
- Swaziland Government Gazette dated 1986-03-28 number 431
- Swaziland Government Gazette dated 1986-06-13 number 445
- Swaziland Government Gazette dated 1987-10-23 number 555
- Swaziland Government Gazette dated 1988-03-18 number 584
- Swaziland Government Gazette dated 1988-06-03 number 597
- Swaziland Government Gazette dated 1988-07-01 number 603
- Swaziland Government Gazette dated 1988-08-19 number 612
- Swaziland Government Gazette dated 1990-07-20 number 738
- Swaziland Government Gazette dated 1990-08-24 number 744
- Swaziland Government Gazette dated 1991-02-22 number 777
- Swaziland Government Gazette dated 1991-03-01 number 779
- Swaziland Government Gazette dated 1993-02-05 number 927
- Swaziland Government Gazette dated 1993-05-21 number 950
- Swaziland Government Gazette dated 1993-08-13 number 970
- Swaziland Government Gazette dated 1994-06-03 number 27
- Swaziland Government Gazette dated 1995-06-23 number 95
- Swaziland Government Gazette dated 1995-12-29 number 129
- Swaziland Government Gazette dated 1996-05-31 number 161
- Swaziland Government Gazette dated 1996-09-06 number 186
- Swaziland Government Gazette dated 1997-01-24 number 220
- Swaziland Government Gazette dated 1997-05-02 number 248
- Swaziland Government Gazette dated 1997-06-13 number 259
- Swaziland Government Gazette dated 1997-11-21 number 310
- Swaziland Government Gazette dated 1998-07-03 number 373
- Swaziland Government Gazette dated 1999-04-09 number 465
- Swaziland Government Gazette dated 1999-04-30 number 468
- Swaziland Government Gazette dated 1999-12-03 number 532
- Swaziland Government Gazette dated 2000-09-29 number 607
- Swaziland Government Gazette dated 2000-10-06 number 608
- Swaziland Government Gazette dated 2001-03-23 number 670
- Swaziland Government Gazette dated 2001-07-06 number 722
- Swaziland Government Gazette dated 2001-07-13 number 724
- Swaziland Government Gazette dated 2004-03-12 number 24
- Swaziland Government Gazette dated 2005-11-04 number 112
- Swaziland Government Gazette dated 2006-01-20 number 4
- Swaziland Government Gazette dated 2007-01-26 number 9
- Swaziland Government Gazette dated 2007-03-02 number 23
- Swaziland Government Gazette dated 2007-03-16 number 28
- Swaziland Government Gazette dated 2007-06-29 number 68
- Swaziland Government Gazette dated 2007-07-27 number 81
- Swaziland Government Gazette dated 2007-10-12 number 108
- Swaziland Government Gazette dated 2007-10-23 number 112
- Swaziland Government Gazette dated 2007-11-16 number 120
- Swaziland Government Gazette dated 2008-01-18 number 002
- Swaziland Government Gazette dated 2008-03-14 number 21
- Swaziland Government Gazette dated 2008-06-06 number 78
Judgment 5
- Dlamini v Dlamini and Others (1570 of 2013) [2014] SZHC 163 (21 July 2014)
- Dlamini v Makhanya and Others (722 of 2014) [2016] SZHC 112 (8 July 2016)
- Dlamini v Universal Panel Beaters (Pty) Ltd and Another [2003] SZHC 54 (16 May 2003)
- Kunene and Others v Hlatshwayo 3 Others (165 of 2011) [2013] SZHC 76 (3 May 2013)
- Mfanyana Dlamini & 2 Other v Cetjiwe Jabulile Dlamini (nee Mdluli) (2 of 2014) [2014] SZSC 38 (30 May 2014)