Tsambos to appeal makoti ruling
THE family of the late rapper HHP are finalising their papers to fight the court ruling that declared Lerato Sengadi their daughter-in-law.
Family spokesperson Nkululeko Ncana yesterday confirmed that lawyers were finalising their appeal.
The family have 10 more days to appeal the Joburg High Court ruling that Sengadi and HHP – real name Jabulani Tsambo – were married under customary law. The court made the ruling last Friday, the day before HHP’s funeral.
Ncana said the family were also pressing trespassing charges against Sengadi after she allegedly broke into HHP’s Randpark Ridge home and threw the rapper’s son and helper out.
A family law expert 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.
He said the handing over of a bride to the man’s family didn’t happen in this instance.
“The handing over of a makoti has a purpose. The mistake that is done is (that) people don’t understand the law,” Seneke said, adding that Judge Ratha Mokgoatlheng’s ruling last week was “completely wrong and constitutes a miscarriage of justice”.
Seneke said: “To be frank, the manner in which this matter was handled has resulted in (a) serious miscarriage of justice.
“Ms Sengadi is now being allowed to enjoy the benefits of the estate unwittingly and unfairly. She has moved into his house and may end up selling the house and depriving his sole surviving heir (his 14-year-old son Leano) the benefits of his deceased estate,” Seneke said.
“Tsambo 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 in the street.”