ARRANGEMENT OF SECTIONS
SECTION
PART I
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. 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
20. Criminal omissions
21. False statements
PART II
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
PART III
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 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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