Family
Civil and Swazi law marriage with differing property and capacity consequences
Marriage may be civil, under the Marriage Act 47 of 1964, or by Swazi law and custom, which permits polygyny. The two regimes produce different property and guardianship consequences, and the choice is frequently ambiguous in practice because couples may undergo both. Sihlongonyane v Sihlongonyane (2013) held the common-law marital power unconstitutional.
Key rules
- Jurisdiction — The High Court hears civil divorce; Swazi National Courts hear customary matters.
Governing law
- Marriage Act 47 of 1964
- Children's Protection and Welfare Act 6 of 2012
- Sexual Offences and Domestic Violence Act 15 of 2018
In practice
Because a couple may be married both civilly and by Swazi law and custom, and the regimes differ on polygyny, property and inheritance, determining which marriage governs is a routine and consequential preliminary question in Eswatini family litigation.