Staff Reporter
The Supreme Court of Appeal (SCA) has declared Lerato Rubeta Sengadi the rightful wife of the late musician Jabulani Tsambo, popularly known as HHP, as lobola had successfully been negotiated and paid in part before he passed on in 2018.
The matter, which was heard before a full bench on March 6, had been brought to the SCA by the late musician’s father Robert Tsambo who wanted the court to determine whether a customary law marriage ever subsisted between HHP and Sengadi.
But in a detailed judgment delivered on April 30, the Bloemfontein court dismissed the appeal and automatically declared Sengadi the rightful wife of the deceased.
A jubilant Sengadi immediately took to Twitter to celebrate her victory following a protracted family feud which saw her being barred from making funeral arrangements for her late husband.
She wrote: “Today . . . the Supreme Court of Appeal of South Africa has ruled in my favour in the appeal of Tsambo v Sengadi!”
In another post, she reminisced the love she shared with HHP and seemed to remind him of the promises they made to each other.
“I will not forget this day for as long as I live! It is over! Justice has been served! To God be the Glory. Thokoza bo Gogo le Bo Mkhulu! Motho waka, remember that promise we (made) that day a gazzilion years ago? We both kept it! Ke go rata until until!”
Sengadi also thanked everyone who stood with her during the period she called “this journey” and for giving her “positive vibes”.
The central issue to the appeal was whether on February 28, 2016 a customary law marriage came into existence between HHP and Sengadi.
Despite the conclusion of the lobola negotiations, HHP’s father argued a customary law marriage had not been finalised as the woman had not been officially handed over to the family.
This despite the fact that the two lived together upon the conclusion of the lobola negotiations.
Tsambo Snr witnessed the negotiations.
The South Gauteng High Court had found that a valid customary marriage was concluded between the Sengadi family and the deceased.
The court heard that the deceased proposed marriage to her on November 6, 2015 in Amsterdam and she accepted the marriage proposal.
The deceased considered African culture important and insisted that the couple conclude a marriage in terms of customary law with the blessings of their respective parents.
Sengadi agreed and on January 20, 2016 HHP’s father dispatched a letter written by the deceased’s uncle, Tutu Mokgatle, to the respondent’s mother.
The letter requested that the two families meet ‘to discuss the union’ of the deceased and the Sengadi.
On February 28, 2016 the two families met at the respondent’s family home.
“Upon the successful conclusion of the lobola negotiations, a lobola agreement was concluded, reduced to writing and signed. It stipulated that the lobola agreed upon was an amount of R45 000.
“It further recorded that the deceased would pay a deposit of R30 000 upon signature of the agreement and that the balance would be paid in two instalments . . . it was recorded that ‘the final amount at our next meeting shall be R10 000. It is agreed that the remaining R5 000 will follow at some later stage,” according to court papers.
HHP is said to have left the house briefly and the respondent’s mother received a payment notification on her phone, advising that the deceased had transferred an amount of R35 000 into her bank account.
Upon his return, a customary law marriage ceremony ensued and the woman was introduced by the deceased’s aunts to all persons present as the wife of HHP and thereafter welcomed to the Tsambo family.
Tsambo Snr, as seen on video and photographs presented in court, approached Sengadi, embraced her and congratulated her on her marriage to the his son.
In one of the photographs, the appellant is seen with his son and the respondent, who are dressed in matching attire.
In another, the appellant can be seen embracing the respondent.
Sengadi averred that a lawful customary marriage came into existence between the deceased and herself on that day.
She asserted that later that day when she and the deceased returned to their place of abode, they did so as husband and wife.
Consequently, their place of abode became the matrimonial home.
The customary marriage was however not registered with the Department of Home Affairs.
The couple continued to live together as husband and wife until sometime in 2018, when their relationship went through a rough patch, apparently because of the deceased’s infidelity and drug addiction for which he refused to undergo rehabilitation.
This caused the respondent to leave the matrimonial home although she did not take all her personal belongings with her.
But due to HHP’s deteriorating health and depression, during April 2018, Sengadi convened a meeting of the two families at which she reported the health challenges.
“The deceased, however, stalked out in a huff before any resolution could be reached. During August 2018, the couple reconciled but did not resume their cohabitation as the respondent had insisted that she would return to the matrimonial home only if the deceased agreed to submit himself to a rehabilitation programme,” according to the court papers.
This was never to be as HHP committed suicide on October 23, 2018.
Sengadi returned to the matrimonial home on October 24, 2018 in order to mourn the passing of her husband.
But three days later, on October 27, HHP’s father told Sengadi that he did not acknowledge her as the deceased’s widow and barred her from making funeral arrangements for him.
He subsequently changed the locks of the matrimonial home, thereby depriving the respondent of access thereto.
Sengadi launched an urgent application at the South Gauteng High Court, essentially seeking recognition of the customary marriage between her and the deceased and all rights consequent upon that marriage.
She won the case, prompting HHP’s father to approach the SCA.
The SCA however dismissed the appeal saying although rituals associated with the handing over of the bride, like the slaughtering of the sheep and the consumption of its bile, were not observed, there were some features that bear consideration.
The court said in its judgment there is sufficient undisputed evidence from which it can be inferred that the deceased, a successful musician who had a busy schedule, had decided to expedite the conclusion of the customary marriage.
It said the letter requesting a meeting for the lobola negotiations was dispatched relatively soon after he had proposed marriage to the respondent.
“After the conclusion of the lobola negotiations, the deceased transferred more than the amount he was required to pay as a deposit for the lobola. It is also significant that the deceased and the appellant were in attendance at the respondent’s home even though the family had nominated emissaries that would represent him during the lobola negotiations,” the court found.
