BY MNELISI DLAMINI
MBABANE – The Ministry of Home Affairs processed 201 divorce-related marriage-certificate expungements between July and September 2026.
According to the ministry’s Second Quarter Report for the 2026/2027 financial year, 87 cases were recorded in July, 50 in August and 64 in September.
The total is 37 higher than the 164 cases reported for the preceding quarter, covering April to June 2026. It is also five higher than the 196 divorces reported for July to September 2025. However, these comparisons should be treated with caution because the latest report explains that the figures relate to the administrative processing of marriage certificates following court decisions, rather than necessarily representing divorces granted during the quarter.
The ministry states that its headquarters office expunges marriage certificates presented by applicants following divorces and nullifications granted by the respective courts. The process applies regardless of when the divorce was granted.
The latest statistics form part of the Civil Registration and Vital Statistics Department’s activities outlined in the ministry’s report to Parliament.
While the figures show an increase in the number of divorce-related certificate expungements processed compared with the figures previously reported, they do not establish whether the actual number of divorces in Eswatini is rising or falling.
The report does not provide a breakdown of the cases according to the dates on which courts granted the divorces. It also does not state the reasons behind the divorces recorded in the statistics.A comparison of divorce trends would require figures confirming the number of divorce judgments granted during each period, using a consistent reporting method. For years, couples married under civil rites in Eswatini who wanted to end their marriages were largely confined to two traditional grounds for divorce – adultery and desertion.
However, developments in the courts have expanded the legal discussion around when a marriage may be brought to an end, with irretrievable breakdown of the marriage emerging as an important basis for divorce. According to an analysis by lawyer Derrick Ndo Jele of Robinson Bertram, divorce in civil-rites marriages was historically governed by Roman-Dutch common law, which recognised adultery and desertion as the grounds for divorce.
Jele explained that the traditional position provided limited grounds for people seeking to dissolve their marriages. He said the superior courts had, however, developed the common law to address circumstances not adequately covered by the existing legal framework.
One of the important developments came through the 2017 High Court judgment in Resting v Resting, followed by the Supreme Court’s judgment in Tesar v Tesar in late 2024.
Jele said the courts had recognised irretrievable breakdown of a marriage as a basis upon which a spouse could seek a divorce.
In Resting v Resting, the High Court, presided over by Judge Titus Mlangeni, endorsed irretrievable breakdown as a ground for divorce.
Jele described this development as providing a more flexible avenue for spouses who wanted to leave a marriage. The concept was subsequently considered by the Supreme Court in Tesar v Tesar, where the court examined the changing nature of marriage and the circumstances that could lead to its breakdown.
According to Jele, the Supreme Court judgment recognised that a marriage could break down for a range of reasons beyond the traditional grounds of adultery and desertion.
“These could include emotional abuse, economic abuse, financial abuse, domestic abuse, lack of respect and other circumstances affecting the marital relationship,” Jele stated.
This means that a spouse seeking a divorce is not necessarily confined to proving adultery or desertion where the circumstances demonstrate that the marriage relationship has irretrievably broken down.
