Family in Eswatini

Eswatini has a statutory civil-family system alongside Swazi law and custom, meaning customary rules and practices that govern family matters in their own setting. The two systems can differ in marriage form, registration, property arrangements and family authority. Customary marriage may be monogamous or polygamous. A civil marriage may be in or out of community of property, meaning that the chosen property regime affects how assets and debts are treated. The registrar, marriage officer, chiefs, Tindvuna and Baggijimi may have different roles depending on the marriage pathway. Where the registration duty applies, marriage details should be transmitted within 14 days. The current official process for a marriage certificate uses the BMD 3 or BMD 4 forms and requires contact with the registrar or marriage officer. A formal marriage ends through death or a process before a competent court; separation alone does not complete a divorce. The Children’s Protection and Welfare Act 2012 protects a child’s welfare whether the parents are married, unmarried, living together or separated. Parents and guardians have responsibilities for guidance, care, assistance, maintenance, survival and development. These responsibilities include food, clothing, health care, education and reasonable shelter. Parents share primary responsibility for raising children, and a competent caregiver should continue care when a parent is temporarily absent. Birth registration records the child and the names of the parents or guardian and supports later access to services and legal processes. Maintenance is separate from contact or access. A legally liable parent or other contributor may be required to provide financial support for a child. A maintenance claim is brought before a competent court and normally requires evidence of the child’s needs and the liable person’s means. Maintenance courts operate within the Magistrates’ Court system, with designated maintenance officers. The High Court Family Division deals with family matters including divorce, custody and maintenance. Court access can be harder in rural areas and for households with limited income, so the relevant local court or social-welfare office should be contacted early. Extended-family and kinship care are central when parents cannot provide full care. The family-centred approach prefers placement with relatives for vulnerable children who do not live with their parents. Neighbourhood Care Points, commonly called NCPs, provide community-based child support, food and early-childhood care. The Department of Social Welfare under the Deputy Prime Minister’s Office, or DPMO, supports children affected by neglect, abuse, orphanhood, difficult circumstances or HIV. It can also provide counselling for parents or relatives who neglect or abuse children. The OVC Education Grant, for Orphans and Vulnerable Children, is available through a Regional Social Welfare Office or Tinkhundla Centre when the stated conditions are met. These include Swazi citizenship, a PIN, attendance at a recognised school and circumstances such as orphanhood, vulnerability or parents without employment or income, with no other grant covering the same need. Adoption is a formal court process rather than an informal transfer of care. The application is made in the district where the child resides. Applicants must be fit and reputable and able to maintain and educate the child. Consent rules apply, including the child’s consent when the child is over 10. After the court order, registration is handled through the Ministry of Home Affairs and Civil Registration with documentation from DPMO or Social Welfare. The same family support system may also involve grants or services for older people, people with disabilities and households affected by HIV, illness, death or loss of income. No universal family allowance or comprehensive family-care tariff is documented in the available official material; access is generally application-based and fees for court, adoption, divorce or registry services must be confirmed with the responsible office. Domestic violence can occur within the family and is addressed through the Sexual Offences and Domestic Violence Act 2018, known as the SODV Act. A person at risk can seek protection through the police, health and social services, protection-order procedures and the courts. The National Child Helpline can be reached on 116 for child protection concerns. Coordination between social welfare, police, health services and courts is particularly relevant where violence, neglect, sexual offences or urgent safety risks affect children or other family members. Death creates separate issues of registration, estate administration, guardianship and inheritance. A death certificate from the Ministry of Home Affairs and Civil Registration is normally needed for the estate process. The deceased estate should be reported to the Master of the High Court within 14 days. A minor’s inheritance must be secured, including through the Guardian’s Fund, before a surviving widow or widower enters a civil remarriage under the relevant estate rule. A surviving relative’s care of a child does not by itself settle inheritance or guardianship rights. Household figures do not describe every family relationship, but the 2021-22 MICS household data give useful context: 56% of households were male-headed and 44% female-headed, the mean household size was 3.7, 56.8% included a child under 18, 31.9% included a child under 5, 48.7% included a child aged 5 to 17, and 14.8% had seven or more members. Households headed by someone under 18 represented 0.4%, and households without an adult represented 0.4%. Family support therefore often extends beyond the people recorded in one household. The practical process depends on whether the issue concerns civil registration, customary authority, a local court, the Family Division, Social Welfare, the police, health services or the Master of the High Court.