Court again dismisses ‘lobola’ claim against ex-MTN chief’s riches
LATEST VICTORY: Billy Gundelfinger and Sifiso Dabengwa AFTER 10 years of litigation, the lobola conundrum is set to head to the Supreme Court of Appeal.
Joburg City Theatres CEO Xoliswa Nduneni-Ngema’s lengthy battle for half of wealthy businessman Sifiso Dabengwa’s estate was dealt yet another blow this week when the High Court in Johannesburg dismissed her application for leave to appeal.
They would take the matter to the Supreme Court of Appeal, said Ike Motloung, Nduneni-Ngema’s lawyer.
“We will appeal this matter all the way, even if we must end up at the Constitutional Court,” he said on Friday, a few hours after the ruling.
At the centre of the battle is Dabengwa’s contention that lobola, on its own, does not constitute a customary marriage. Both parties needed to consent and, in a ceremony, the bride had to be handed over to the groom.
But the former actress insists she is entitled to half of Dabengwa’s estate because successful lobola negotiations and an umembeso ceremony (an exchange of gifts by the families) in 2003 constitute a customary marriage.
Dabengwa, who was paid R23.7million WANTS HALF: Xoliswa NduneniNgema plans to appeal by MTN as part of his resignation package last year, insists that his intention had been to enter into an antenuptial contract with Nduneni-Ngema before he married her.
Judge Colin Lamont had dismissed Nduneni-Ngema’s leave to appeal on the grounds that there was little prospect for success, said Dabengwa’s lawyer, Billy Gundelfinger.
In reaction to the court ruling,
We don’t think the judge understands customary law
Motloung said: “We don’t think the judge understands customary law.”
Motloung had argued that “handing over” a bride to the groom’s family was demeaning to women.
Nduneni-Ngema, who is also claiming R35 000 a month in maintenance, used to be married to playwright Mbongeni Ngema.
Dabengwa proposed to NduneniNgema during a holiday in Dubai, where he bought her an 18ct diamond ring worth $11 000.