HHP's father takes Lerato Sengadi to Appeals Court over customary marriage ruling

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Johannesburg - The courtroom battle between the family of the late rap star Jabulani Tsambo, popularly known as HHP, and his customary law wife is far from over. Lerato Sengadi, who took to the high court to be declared HHP's legal wife and won, will square off with her in-laws at the Supreme Court of Appeal (SCA) next month. A bench of the SCA, which will include president of the court Mandisa Maya, will hear the matter on March 6. According to the notice published by the Bloemfontein-based SCA, the bench will hear an appeal application brought by Robert Tsambo against Sengadi. The applicant is HHP's father. Among issues the SCA will decide will be “whether a valid customary marriage was concluded” between HHP and Sengadi and “whether the handing over of the bride was a requirement for a valid customary marriage”.

These are the arguments Sengadi won in the South Gauteng High Court, where she had dragged HHP's family before the burial in October 2018.

As a respondent in Sengadi's high court application, HHP's father disputed that the famous publicist could legally be recognised as his son's customary law wife.

Despite admitting that R30000 was paid following lobola negotiations at Sengadi's Soweto home, Tsambo senior argued that the customary marriage process was never completed.

He contended that the “handing over” of the bride to the Tsambo family did not happen.

Tsambo senior said this was the most crucial part of customary law marriage in his culture.

Sengadi said a lawful and binding customary law marriage came into existence between herself and HHP on February 28, 2016, the day the two families met for lobola.

She said the families celebrated together during the lobola ceremony. Video evidence of the families ululating and others saying “finally, finally” during the joyous celebrations was led in court.

In addition, Sengadi said another proof that there was a marriage between herself and HHP was that they lived in their matrimonial home as husband and wife after the lobola ceremony.

They had also cohabited together for three years before concluding their customary law marriage. She had moved out of the home at the time HHP committed suicide.

Judge Ratha Mokgoatlheng ruled in Sengadi's favour that there was a legal marriage between herself and HHP.

He ruled that the custom of handing over the bride to the bridegroom's family was not a lawful requirement for the existence of a customary law marriage.

“In my considered view the requirement of handing over the bride to the bridegroom's family does not pass Constitutional muster,” Judge Mokgoatlheng said.

Tsambo senior wanted the SCA to set aside Judge Mokgoatlheng's ruling and declare the “handing over” custom as a requirement for valid customary marriages.

Nkululeko Ncana, Tsambo family spokesperson, said they did not want to comment on the matter before it's heard in court: “Let’s wait for it to run its course in court."

Sengadi said: “I have nothing much to say my brother. I will see them at court.

"The facts still have not changed. So on that day may the will of Modimo, Badimo and Motho be done.”

The Star