MBABANE — Eswatini’s High Court has delivered a landmark constitutional judgment declaring the long-standing practice of treating marriages conducted under Eswatini Law and Custom as being out of community of property unconstitutional and void.

The full bench of Justices Ticheme Dlamini, Nkosinathi Maseko and John Magagula found that the practice was inconsistent with Section 34 of the Constitution, which protects the property rights of spouses.

The ruling could have significant consequences for matrimonial property rights across Eswatini, particularly for spouses who were previously treated as having separate estates solely because their marriages were concluded under customary law.

The case arose from a dispute involving property in Mbabane following the death of a woman who had been married under Eswatini Law and Custom. The court rejected the argument that the customary marriage automatically prevented the surviving spouse’s estate from having an interest in the family property.

The judges also noted that Parliament has yet to enact the Matrimonial Property Bill, 2022, which was drafted to regulate matrimonial property rights and give effect to the constitutional requirements.

The judgment is likely to intensify national discussion over customary law, constitutional rights, marriage property, and the protection of spouses under Eswatini’s legal system.

The decision represents a major development in Eswatini’s legal landscape and could influence future debates over matrimonial-property legislation and the relationship between customary law and constitutional protections.