Laws of botswana marriage act

ARRANGEMENT OF SECTIONS

PART I
Civil Marriages

3. Preliminaries of marriage

4. Publications of banns

6. Protection of minors

8. Inquiries to be made by marriage officer

9. Solemnisation of marriage

10. Formulary to be followed

11. Registration of marriages

12. Consecration of marriages already solemnised

13. Impediments to marriage

14. Insane person and persons below age

15. Consent to marriage by minors

16. Prohibited degree of marriages, etc.

17. Offences and penalties

18. Solemnising marriage of married person

19. Solemnising marriage when legal impediments exist

PART II
Registration of Customary, Muslim, Hindu and
Other Religious Marriages

23. Registration of Customary, Muslim, Hindu and other religious marriages

24. Issue of certificate of registration

25. Registration of marriages contracted before commencement of Act

26. Certificate of registration is prima facie evidence of marriage

27. Ex-officio registrars of customary marriages

PART III
General Provisions

28. Keeping of registers

29. Appeals to Minister

An Act to make provision for the solemnisation and registration of marriages and for incidental matters.

[Date of Commencement: 28th December, 2001]

PART I
Civil Marriages (ss 1-21)

This Act may be cited as the Marriage Act.

This Part shall apply to all marriages solemnised in Botswana except marriages contracted in accordance with any customary law of Botswana or Muslim, Hindu or other religious rites.

No marriage shall be valid unless within a period of not more than three months previous to its solemnisation banns have been published under section 4 or a special licence has been obtained under section 5.

Banns may be published either—

(a) in public in the ordinary manner in three successive weeks during divine service in a church or other building habitually used for public worship by a congregation to which one or both of the parties to the intended marriage belong and in a district in which one or both of such parties reside; or

(b) by posting them up for a period covering three successive weeks in a conspicuous place to which the public have access at the office of an administrative officer in the district in which one or both of the parties to the intended marriage reside.

Parties desiring to obtain a special licence shall appear before an administrative officer who, on being satisfied if necessary by evidence under oath or by affidavit that there is no legal impediment to the marriage of such parties, shall on payment of the prescribed fee issue a special licence entitling such persons to be married without publication of banns.

(1) Unless the Minister in any case otherwise directs, no banns shall be published under section 4 and no special licence shall be issued under section 5—

(a) with respect to or for the marriage of any widower or widow having minor children of a former marriage, or any children, whether minor or otherwise, of a marriage under any system of customary law, unless such person produces a certificate signed by the Master of the High Court, by an administrative officer (other than a cadet) or by a magistrate to the effect that he is satisfied that the inheritances or other properties which have devolved upon such children have been adequately secured;

(b) with respect to or for the marriage of any other person having minor children of a former marriage under any system of customary law, unless a certificate is produced signed by an administrative officer (other than a cadet) or by a magistrate to the effect that he is satisfied that adequate provision has been made to safeguard the maintenance of such children.

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