Civil Marriages


   1.   Short title


   2.   Application


   3.   Preliminaries of marriage


   4.   Publications of banns


   5.   Special licence


   6.   Protection of minors


   7.   Marriage officers


   8.   Inquiries to be made by marriage officer


   9.   Solemnization of marriage


   10.   Formulary to be followed


   11.   Registration of marriages


   12.   Consecration of marriages already solemnized


   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.   Solemnizing marriage of married person


   19.   Solemnizing marriage when legal impediments exist


   20.   Criminal omissions


   21.   False statements




Registration of Customary, Muslim, Hindu and
Other Religious Marriages



   22.   Application


   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




General Provisions


   28.   Keeping of registers


   29.   Appeals to Minister


   30.   Regulations


   31.   Repeal of Act


   32.   Savings


   33.   Transitional provisions



Act 18, 2001.

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

[Date of Commencement: 28th December, 2001]

Civil Marriages (ss 1-21)


1.   Short title

   This Act may be cited as the Marriage Act.


2.   Application

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


3.   Preliminaries of marriage

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


4.   Publications of banns

   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.

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