swaziland marriage law

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The Court discussed the elements that the Crown must prove in order for the accused to be found guilty of rape, namely (1) the accused must be identified; (2) there must be sexual intercourse; and (3) there must be lack of consent by the complainant.

The Court found that Section 31 of the Constitution abolishes the status of illegitimacy of children but that Section 31 is silent on the status of the father of a child born out of wedlock.

Because the Section 16(3) of the Deeds Registry Act only affected the rights of wives and not husbands, the Supreme Court held that is invalid as it amounts to unfair discrimination and a violation of Section 20 and 28 of the Constitution.Appellant convicted of murdering a woman and sentenced to 18 years imprisonment. The deceased considered the marriages over when the women left him and never returned. Citizenship by birth 44.

He refused to seek medical attention for his injuries because he was embarrassed and he died six days later. The Court found that no evidence was adduced to prove that the respondent was not fit to have custody over the children and the appeal was dismissed. In contrast, section 34 (1) of the Constitution, entitles a surviving spouse to a “reasonable provision” of the estate, which could exceed Intestate Succession Act’s limitation. The decision of the High Court was set aside and the Master of the High Court was to appoint a suitable and proper person to administer the deceased estate.

The Supreme Court further stated that sentence was fair “particularly in the upsurge in the killing of women as well as the need to impose deterrent sentences which would provide the safeguard against this onslaught.”Appellant was sentenced to 20 years imprisonment for the murder of his elderly aunt and appealed for 10 years of his sentence to be suspended because the appellant believed the victim was a witch and could kill him with the power of witchcraft. The Court found that the most important considerations were the welfare, interests and happiness of the children. 5% of girls there are Child marriage is driven by gender inequality and the belief that women and girls are somehow inferior to men and boys. Citizenship by registration 46.

The Supreme Court upheld the High Court’s ruling, finding that the Act was overtaken by the Constitution in 2005.
Appellant appealed the verdict and sentence, claiming that he did not possess the requisite intent to kill and mitigating circumstances that he was 35-years old, a first offender, gainfully employed and a breadwinner supporting two children should reduce his sentence. The High Court held that this common law requirement was unfair discrimination because it applied only to women and not to men, a violation of Sections 20 and 28 of the Constitution, which respectively state that “all persons are equal before and under the law” and that “women have the right to equal treatment with men.”Wife and husband married in community of property, where all property of either spouse is combined in a joint estate regardless of whether it was acquired before or during the marriage and regardless of how much each spouse contributed. Of late, the kingdom’s courts have seen an upsurge of cases where individuals married under Swazi Law and Custom want their marriages nullified. The Supreme Court dismissed the appeal and increased the sentence to 18 years imprisonment after considering the violent nature of the rape. Thus, even if marital power was removed from the common law, the Marriage Act would still subject African women to customary marital power, perpetuating the violation of their rights.

The appeal is of the order of the High Court.

The High Court found that the respondent’s civil law marriage was a lawful marriage in community of property, and the will was declared null and void.

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