HHP’s family to appeal ruling
THE family of the late rapper Jabulani “HHP” Tsambo, are finalising their papers to fight the court ruling that declared Lerato Sengadi their daughterin-law.
Family spokesperson Nkululeko Ncana yesterday said lawyers were finalising their appeal.
“Our lawyers are busy with the appeal proceedings and they will let us know when we can go to court,” Ncana said.
The family have 10 more days to appeal against the High Court ruling that Sengadi and HHP were married under customary law. The court made the ruling last Friday – the day before the popular Motswako rapper was to be buried.
Ncana said the family were also pressing trespassing charges against Sengadi after she allegedly broke into HHP’s Randpark Ridge home and threw out the rapper’s son and helper.
Contacted for an opinion, a family law expert who has won several contestations of customary marriages cases, said the Tsambos were likely to win on appeal. “The case was heard in an urgent court and so the judge was under pressure to give a decision because the burial was going to be the next day.
“Because of the pressure he might have simply misinterpreted the case,” advocate Thabo Seneke said. The handing over of the bride to the man’s family didn’t happen in this case. “The handing over of a makoti has a purpose. The mistake that is made is because people don’t understand the law,” Seneke said.
Last week’s ruling by Judge Ratha Mokgoathleng was “completely wrong and constituted a miscarriage of justice”, he said.
Seneke said: “The manner in which this matter was handled has resulted in a serious miscarriage of justice to disadvantage the Tsambo family (the late HHP’s family).
“Ms Sengadi is now being allowed to enjoy the benefits of the estate unfairly. She has moved into his house and may end up selling it, depriving his sole surviving heir (14-year-old son Leano) the benefits of his deceased estate.
“The Tsambos will no doubt succeed in overturning this patently incorrect decision on appeal. Unfortunately, legal cases are very expensive as attorneys and advocates’ fees are unaffordable to the ordinary man on the street.”
LERATO Sengadi was last week declared the wife of Jabulani Tsambo, known as HHP, by the Gauteng High Court, Joburg. However, the late rapper’s family intend challenging the decision. |