Births, Marriages and Deaths Registration Act, 1983
Act 5 of 1983
- Assented to on 23 June 1983
- Commenced on 6 January 1984
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title, commencement and application
2. InterpretationIn this Act, unless the context otherwise requires—“adult” means a person of the age of twenty-one years or more or any married person;“birth” means the birth of any viable child whether such child is living or dead at the time of birth;“body” means a corpse and includes the corpse of a still-born child;“dwelling” means any structure inhabited by a person whether on a temporary or on a permanent basis;“marriage” means the voluntary union between a man and a woman and intended to last for their joint lives and any reference in this Act to a marriage means a marriage whether contracted before of after the commencement of this Act and whether contracted in Swaziland or elsewhere under any law or custom;“marriage officer” means a person appointed under section 16 of the Marriage Act, 1964 to be a marriage officer;“Minister” means the Minister responsible for legal affairs;“occupier” means in respect of any—(a)public or charitable institution or barracks, every governor, deputy governer, superintendent, or assistant superintendent, gaoler or medical or other officer or person in charge thereof;(b)mine or compound or location in connection with a mine, every manager, or superintendent or person in charge thereof;(c)premises let in lodgings or separate apartments, any person residing in such dwelling under whom such lodgings or separate apartments are immediately held; and(d)tent, vehicle or other place of residence or place in or upon which any person may be born or die, every owner when in occupation or charge thereof, and if the owner is not in occupation or charge thereof, every lessee or other person in occupation or having the charge, care or custody thereof;“register” includes any books, registers or records which were kept in respect of any births, marriages and deaths before or after the commencement of this Act;“Registrar” means the person appointed in the public service to be Registrar-General or Senior Assistant Registrar or Assistant Registrar and includes any person acting in any of the capacities;“registration information officer” means the officer nominated or appointed under section 3(3) to whom the occurrence of births and deaths will be reported;“registration officer” means a district registrar, or assistant district registrar appointed in the public service under section 3(2);“still-born” in relation to a child means a viable child which showed no sign of life after complete birth;“viable” in relation to a child means an infant six or more months of intrauterine existence.
Part II – Administration
3. Appointment of Registrar and other officers
4. Power to demand information
5. Correction of returnsOn receipt by the registration officer of any notice, information, memorandum, return or certificate in respect of a birth, marriage or death given or transmitted under this Act, he shall examine the same and cause any omission, defect or inaccuracy therein to be supplied or corrected as far as may be possible, and for the purpose of this section he may require any person whose duty it is to give information under this Act to attend and give information in the manner prescribed in section 4.
7. Late registration of births and deaths
8. Alteration of names in births register
9. Late registration of names in births registerIf the birth of any person was registered under this Act or any law repealed by this Act, without the assignment of any name to him he if he is twenty-one years of age or over, or either of his parents or his guardian, if he is under twenty-one years of age, or if he has no parent or guardian, he may apply to the Registrar for the amplification of the registration of birth by the entry of his name and the Registrar shall if satisfied that he is competent to make the application and upon his paying of the prescribed fee, amplify the registration of such person’s birth by entering his name in the register and on the original birth information form filed in his office in connection with the registration of such birth and shall instruct the registration officer concerned to make a similar entry in his births register and duplicate birth information form filed in his office.
10. Children born out of wedlock
11. Registration after legitimation by subsequent marriage
12. Alteration of births register, or new registration as a result of adoption
13. Alteration of particulars of parents in births registerIf after registration of a birth, any particulars of a parent shown in the births register have changed on account of the alteration of any name or change of surname, or change of any other particular due to some other reasons not provided for in this section, the Registrar shall, on application of such parents and on production of the certified copy of an order which effected the alteration in the said particular or of documentary proof in support of the alteration required and on payment of the prescribed fee, cause the said particular of the parents to be altered in the original birth information form filed in his office and shall instruct the registration officer of the district or sub-district in which the birth of the child of such parents was registered to make a similar entry in the births register and duplicate birth information form kept by him.
14. Determination of cause of death
Part III – Registration of births and deaths
15. Information as to births
16. Information as to deaths
17. Still-born children
18. Certificate of cause of death
19. Removal or bodyNo person shall remove or assist or attempt to remove or procure the removal of a dead body from Swaziland without a removal order from a registration officer.
20. Supply of information as to births and deaths by hospitals, clinics, etc.
Part IV – Registration of births and deaths occurring outside Swaziland
21. Application of PartThis part shall apply to a person who is a citizen of Swaziland and was either born or died outside Swaziland on or after the 6th September, 1968.
22. External births and deaths registersThe Registrar shall keep registers to be called the external births register and external deaths register, in which shall be entered all information relating to births and deaths supplied in accordance with this Part.
23. Births and deaths occurring outside Swaziland
Part V – Registration of marriages
24. Transmission of special marriage licencesThe marriage information form referred to in section 25(2), shall be transmitted by the officer who solemnized the marriage together with every special marriage licence to the registration officer in whose district or sub-district the marriage was solemnized.
25. Marriages solemnized by marriage officers
26. Marriages solemnized other than by a marriage officer in accordance with Swazi law and custom or any other law or custom
27. Alteration of particulars in marriage registerIf after registration of a marriage, any particular of the bride or bridegroom shown in the marriage register has changed on account of the alteration of a name or names, or change of surname, or change of any other particular due to any other reason, the Registrar shall, on joint application of the couple and on production of the certified copy of an order which necessitated the alteration of the said particular or documentary proof in support of the alteration required and payment of the prescribed fee, cause the said particular of the bride or bridegroom to be altered in the original marriage information form under his custody and shall instruct the registration officer of the district or sub-district in which such marriage was solemnized to make a similar entry in the marriages register and duplicate marriage information form kept by him.
Part VI – Miscellaneous
28. Issue of certificates
29. Stamp duty not payableNotwithstanding any law relating to the payment of stamp duty, no affidavit or solemn declaration made by any person for the purpose of complying with this Act or the regulations relating to the registration of births, marriages and deaths shall be liable to stamp duty.
30. Failure to give noticeAny person who, without reasonable cause or excuse, fails to give or transmit any notice, information, memorandum, return or certificate required to be given or transmitted under this Act shall be guilty of an offence:Provided that no person shall be liable to be convicted under this section if it appears that any other person has duly given or transmitted the required notice, information, memorandum, return or certificate.
31. Giving of false informationAny person who wilfully, and for the purpose of inserting in any notice, information, birth, marriage or death register makes or cause to be made any false statement relating to any of the particulars required to be made known and registered under this Act, shall be guilty of any offence.
32. Loss or damage to forms or registersAny person, having the custody or care of any birth, marriage and death information form or register or a certified copy thereof or of any part thereof, who negligently loses or damages it or who, while it is in his custody, negligently allows it to be damaged, shall be guilty of an offence.
33. Destruction and forgery of forms, registers, signatures, etc.Any person who—
34. Offences and penalties
35. RegulationsThe Minister may make regulations, not inconsistent with this Act—
36. Validity of prior acts, orders, registers, records, etc.All acts, orders, regulations, registers, entries, records or documents done, issued or kept in good faith by officers of the Government prior to the taking effect of this Act or under any law then in force, or purporting to have been so done, issued or kept, shall be as valid as if such officers had been duly appointed as registration officers and shall endure for the purpose of this Act as full and effectually as if they had at all times been so valid.
37. RepealThe Births, Marriages and Deaths Registration Act, 1927 is hereby repealed.
History of this document
01 December 1998 this version
06 January 1984
23 June 1983
Cited documents 0
Documents citing this one 9
- Swaziland Government Gazette dated 1993-02-26 number 930
- Swaziland Government Gazette dated 1993-03-05 number 931
- Swaziland Government Gazette dated 1994-04-29 number 20
- Swaziland Government Gazette dated 2011-02-25 number 16
- Swaziland Government Gazette supplement dated 2011-02-25 number 16
- Swaziland Government Gazette supplement dated 2012-11-16 number 121