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Eswatini
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Constitution at article 17(1) which declares that a person shall not be held in slavery.
Practices similar to slavery and servitude
There appears to be no legislation in place in Eswatini which prohibits institutions and practices similar to slavery.
Servitude
Provisions related to servitude are found in the Constitution at article 17(1) which declares that a person shall not be held in servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the Constitution at article 17(2) which declares that a person shall not be required to perform forced labour and the 1980 Employment Act which criminalises exaction forced labour under article 145, with penalties limited to imprisonment not exceeding six months or a fine of five hundred Emalangeni.
Human trafficking
Provisions related to trafficking in persons are found in the People Trafficking and People Smuggling (Prohibition) Act which criminalises human trafficking under article 12 and child trafficking under article 13.
Forced marriage
There appears to be no legislation in Eswatini that addresses forced marriage.
Consent to marriage
Provisions requiring consent to marriage in Eswatini are found in the Swaziland Constitution 2005, article 27(2) of which states that marriage shall be entered into only with the free and full consent of the intending spouses. Marriage shall be entered into only with the free and full consent of the intending spouses.
Servile marriage
There appears to be no legislation in Eswatini that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Eswatini that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage with parental permission in Eswatini is 21, without differentiation by gender, as set out on Article 3 of the 1964 Marriage Act. The minimum age for marriage without parental permission in Eswatini is 16, without differentiation by gender, as set out on Article 3 of the 1964 Marriage Act. However, marriages below this age are permitted in special circumstances, as set out on Article 3 of the 1964 Marriage Act. These exceptions are not differentiated by gender.
Region
Africa
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Commonwealth
- African Union
Legislative Provisions
No Details Found
There are no legislative provisions for this country currently in the dataset.
SWAZILAND CONSTITUTION 2005
27. Rights and protection of the family
- Men and women of marriageable age have a right to marry and found a family.
- Marriage shall be entered into only with the free and full consent of the intending spouses.
MARRIAGE ACT 1964
3. Minors
(1) No male person below the age of eighteen years and no female person below the age of sixteen years may marry, provided that if the special circumstances of any case, in the opinion of the Minister, warrant such a marriage, the Minister may grant special dispensation allowing such a marriage.
(2) Minors below the age of twenty-one years but above the ages specified in sub-section (1) may marry with the consent of their legal guardian, but persons who have previously been married, whether in accordance with Swazi law and custom or civil rites, shall not be regarded as minors.
(3) Where a minor legally competent to marry has no legal guardian, or where the consent of the legal guardian cannot be obtained for a reason other than the unwillingness of the legal guardian to give the consent, or where the consent is manifestly unreasonably withheld, the district commissioner of the district in which the minor resides, or, if the minor resides outside Swaziland, the Minister may, give a written authorization for the marriage of that minor.
(4) For the purposes of this section, the expression “legal guardian” means —
(a) the legal father of the minor; or,
(b) if the minor has no father, the mother of the minor; or,
(c) if the minor has no father or mother, such person as a judge or the master of the High Court may appoint as guardian of the minor:
Provided that where the father or mother has been deprived of the custody of the minor by order of a court the person to whom the custody of the minor has been granted by such court shall be the legal guardian.
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 1902have been complied with.
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.