COURT UPHOLDS POLYGAMIST’S 36 YEARS CIVIL RITES MARRIGE

MBABANE – The court has found no merits in the application of a polygamist who wanted his civil rites marriage of 36 years declared bigamous.

Hamilton Sipho Dlamini, who is a civil servant, was claiming that he married Eunice Mbhamali, who was at that time pregnant, to save her from being expelled from William Pitcher College.

He claimed that the marriage by civil rites was nothing but a farce as it was meant to prevent Mbhamali’s expulsion from William Pitcher on account of falling pregnant while at the college before she was married.

He told the court that Mbhamali informed him that the management of the college told her that she should produce a marriage certificate as proof that she was married or face expulsion from the learning institution on account of her pregnancy.

Dlamini said they then decided to approach the District Commissioner’s office to get a marriage certificate and pretend that they were married, so that she could continue with her education at the college.
“Indeed on March 3, 1981, we approached the District Commissioner’s office and purported to get married by civil rites for the sole purpose of obtaining a marriage certificate. The civil rites marriage certificate was issued.

He emphasised that it was not his intention to marry Mbhamali through civil rites, but their intention was that she would be his second wife in terms of and in accordance with Swazi Law and Custom.

Mbhamali is now a teacher at St John Bosco Primary School in Malkerns and the couple has been married for over 36 years.
Dlamini wanted the court to declare the marriage between him and Mbhamali to be bigamous.

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