HHP’s fam­ily to ap­peal rul­ing

Pretoria News - - METRO - TEBOGO MONAMA

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.”

Agency (ANA) NOKUTHULA MBATHA African News

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. |

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