HHP’S fam­i­lyto ap­peal union

Sunday Tribune - - METRO - AMANDA MALIBA amanda.maliba@inl.co.za @Amanda Maliba

THE dis­pute over hip hop star Jab­u­lani “HHP” Tsambo and Ler­ato Sen­gadi’s cus­tom­ary mar­riage is far from over, de­spite a high court con­fir­ma­tion of the union.

HHP’S fam­ily is fi­nal­is­ing court pa­pers to chal­lenge the rul­ing based on the cul­tural re­quire­ments for a mar­riage to be recog­nised.

The Tsam­bos ar­gue that Judge Ratha Mok­goatl­heng’s un­der­stand­ing does not res­onate with theirs. Sen­gadi was de­clared HHP’S le­gal spouse af­ter an 11th-hour court bid to ob­tain an in­ter­dict to pre­vent the fu­neral.

The judge im­plored both par­ties to bury the hatchet in the spirit of ubuntu and lay HHP to rest in Mahikeng, North West, de­spite Sen­gadi ar­gu­ing that his wish was to be buried in Joburg.

“As a fam­ily we be­lieve his judg­ment was not prop­erly con­sid­ered.

“We have spe­cific ways in which we de­fine cus­tom­ary mar­riages, and that will be spelt out in our ap­peal. There is no way those pro­cesses were met,” said fam­ily spokesper­son Nku­l­uleko Ncana.

Judge Mok­goatl­heng ruled that the union met the three manda­tory re­quire­ments. How­ever, the Tsam­bos be­lieve the judge erred in his un­der­stand­ing of the pro­cesses.

In­de­pen­dent le­gal ex­pert ad­vo­cate Thabo Seneke said the pend­ing ap­peal was in ac­cor­dance with the third part of the re­quire­ments of the Cus­tom­ary Mar­riages Act, which says lobola must be ne­go­ti­ated and en­tered into.

“This means that af­ter ne­go­ti­a­tions there is a cel­e­bra­tion ac­cord­ing to the par­ties’ cus­toms.

“That counts as a tra­di­tional wed­ding, which was not done,” said Seneke. Sen­gadi was not avail­able for com­ment at the time of go­ing to press.

Mean­while, Dr VVO Mkhize, a cul­tural ex­pert, said a tra­di­tional mar­riage was not com­plete with­out lobola be­ing paid and tra­di­tional rites to wel­come the bride to the groom’s fam­ily. “A cow has to be taken to the groom’s place, where it will be slaugh­tered and the nec­es­sary rites are per­formed. Then she is ac­cepted by the groom’s fam­ily…

“In an African mar­riage, it is not per­mit­ted that the cou­ple live to­gether be­fore lobola ne­go­ti­a­tions and the tra­di­tional cer­e­mony are com­pleted, which dis­qual­i­fies what is hap­pen­ing to­day,” said Mkhize, adding that the union could not be dis­solved as it joined the two fam­i­lies’ an­ces­tors.

How­ever, gen­der ac­tivist Mbuyiselo Botha dis­agreed, say­ing there was noth­ing in law bind­ing peo­ple for­ever.

“From my point of view, the union is dis­solved when the two peo­ple mar­ried are of the view that their re­la­tion­ship is not work­ing any more.

“There is no cul­ture in that,” he said.” |

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