Sunday Times

Court again dismisses ‘lobola’ claim against ex-MTN chief’s riches

- SABELO SKITI

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.

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