Well-known publicist Lerato Sengadi and partner of late hip-hop star Jabulani “HHP” Tsambo has emerged victorious after the South Gauteng High Court ruled on Friday afternoon that by law she is his customary wife.
Judge Ratha Mokgoatlheng ruled in favour of Sengadi, stating that legislation regarding customary marriages did not list the “handing over” of a bride as a requirement.
“The law recognises three requirements for a customary marriage: lobola must be fixed, there must be a celebration and the marriage must be entered into,” he said.
The judge then quoted previous rulings that stated there was no set time in which lobola needed to be paid.
He also said the argument presented by HHP’s father, Robert Tsambo, that a bride had to be handed over in order for a customary marriage to be recognised was overruled by the law.
“In my view a customary marriage between the applicant and Jabba was entered.”
The judge said cohabitation also had to be taken into consideration, especially where the groom’s family didn’t object.
“My finding is that the applicant is the customary wife of Jabulani Tsambo. The fact that a customary marriage was not registered does not mean it is not valid.”
However, Judge Mokgoatlheng implored Sengadi to practise the spirit of ubuntu and denied her an interdict to stop his funeral in Mahikeng on Saturday.