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HHP’s customary wife ruling doesn't stop funeral

Publish date: 05 November 2018
Issue Number: 798
Diary: IBA Legalbrief Africa
Category: South Africa

Lerato Sengadi – the partner of late hip-hop star Jabulani ‘HHP’ Tsambo – has emerged victorious after the Gauteng High Court (Johannesburg) ruled that by law she was his customary wife, says a TimesLIVE report. Judge Ratha Mokgoatlheng ruled in favour of Sengadi, stating that legislation regarding customary marriages did not list the ‘handing over’ of a bride as a requirement. ‘The law recognises three requirements for a customary marriage: lobola must be fixed, there must be a celebration and the marriage must be entered into,’ he said. The judge then quoted previous rulings that stated there was no set time in which lobola needed to be paid. He also said the argument presented by HHP's father that a bride had to be handed over in order for a customary marriage to be recognised was overruled by the law. ‘In my view a customary marriage between the applicant and Jabba was entered.’ The judge said cohabitation also had to be taken into consideration, especially where the groom's family didn't object. ‘The fact that a customary marriage was not registered does not mean it is not valid.’ However, the judge denied Sengadi an interdict to stop HHP’s funeral which took place as scheduled on Saturday.

Full TimesLIVE report