ABSTRACT
This chapter focuses on the shortcomings in the Swaziland's Marriage Act, 1964, with respect to attainment of such stability. The monogamous system that already existed in Swaziland was repealed by the Marriage Act 47 of 1964 with a view to bringing about integration of Swazi customary law into Roman-Dutch common law. The creation of monogamous marriage without the provision of any security to the wife against the excesses of the husband as he enjoys under customary law, will be empty legislation. The stability of marriage is necessary for stability in society, because of the importance of the family in society. The two systems of marriage, marriage under the Act and marriage under the Swazi customary law, are not mutually destructive and stand side by side. Law, which is supposed to solve social problems, has created problems of a permanent nature between the parties rather than giving them social repose.
