An urgent application to stop the funeral of hip-hop star Jabulani “HHP” Tsambo is being heard at the South Gauteng High Court on Friday afternoon.
HHP’s partner, Lerato Sengadi, turned to the law after she was excluded by his father from all funeral arrangements and has not been allowed to see his body.
In court papers‚ Lerato said HHP, also known as Jabba, had told her he wanted to be buried at Westpark Cemetery in Johannesburg because he spent most of his life in the city and so that his son could come visit his grave.
Lerato further stated that she could prove that lobola was paid and that, even though their marriage was rocky‚ it was a legitimate customary marriage.
In a responding affidavit HHP’s father, Robert Tsambo, argued that there were certain rituals that needed to be concluded for a customary marriage to be recognised.
“The Tsambo family still maintains that Jabulani was not married according to their custom and in terms of the requirements outlines in the Recognition of Customary Marriages Act (Act 120 of 1998).
“The fact that he lived in the same house with Ms Lerato Sengadi does not change their mere cohabitation into a concluded customary marriage.”
The Tsambo family said that during a meeting on February 28 2016‚ it was never put forward or agreed to by the Tsambo and Sengadi families that the negotiations were intended for a customary marriage.
“Ms Lerato Sengadi has never been handed over (gorosiwa) to the Tsambo family by any form of ceremony accompanied by her family members so as to be accepted as makoti as this is the vital requirement in validating the customary marriage.”
Furthermore, the required dowry was not paid in full.
HHP died on October 24 and is set to be buried in Mahikeng after a civic funeral service.
The court case is continuing.