MBABANE – A woman whose 21-year-old daughter got married without her knowledge has rushed to court to have the marriage nullified.
Cebsile Dlamini filed an urgent application at Mbabane Magistrates Court and argues that she was not informed that her daughter would be getting married. The newly-wedded couple, Mandisa Vilakati (nee Dlamini) and husband Luyanda Vilakati, are the first and second respondents in the matter.
Dlamini, a resident of Sidwashini, is seeking a declaratory order to invalidate the marriage between her daughter Mandisa and Luyanda.
She is contending that the union, solemnised on December 19, 2025, was entered into without the necessary family involvement and resulted from coercion or undue influence.
Her wish is to have the marriage declared null and void ab initio or alternatively, set aside.
Dlamini argued that the marriage was conducted in defiance of requisite legal formalities and cultural norms, causing irreparable prejudice to her parental and customary rights.
The applicant cited the registrar of Births, Marriages and Deaths and the attorney general as the third and fourth respondents, respectively.
In her founding affidavit, Dlamini acknowledged that Mandisa attained the age of 21 and achieved majority status. However, she asserted that her daughter did not exercise free will in the decision to marry.
The concerned mother described a ‘sudden flight’ and an ‘escape plan’ to marry at the Hhohho District Commissioner’s Office, which she suggested was indicative of pressure or coercion by Luyanda.
Dlamini stated that under Eswatini law, marriage requires true consensus, which traditionally involves the notification of both families.
She argued that because her daughter was under her care and had never lived independently, the failure to follow these principles renders the marriage nullifiable.
“Free will was not exercised by the first respondent (Mandisa). Her sudden flight and the ‘escape plan’ to marry at the DC’s Office suggest she was pressured. Under Eswatini law, a marriage requires true consensus (consensus ad idem). If consent was obtained through duress or undue influence, the marriage is voidable as in the present matter,” Dlamini submitted.
The applicant emphasised that in Eswatini, marriage is viewed as a union of families rather than a private contract between individuals.
She noted that customary steps, specifically the practice of kucela (asking for a woman’s hand in marriage), which allows the bride’s family to meet and vet the groom, were entirely bypassed.
Dlamini claimed the marriage was known only to the couple and was executed in a ‘runaway’ scenario that intentionally excluded the family. She expressed concern that if such unions were permitted to stand, it would destroy family roots as children would reach majority and enter into marriages without counsel or traditional oversight.
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