The Supreme Court of Appeal has upheld a ruling by a lower court that found that the late rapper Jabulani 'HHP' Tsambo and Lerato Sengadi were married in customary law.
The second highest court in the land made the order on Thursday after HHP's father, Robert Tsambo, filed an appeal disputing that his son and Sengadi on February 2018 entered into a customary marriage.
Tsambo argued that the marriage was not legal because the customary marriage process was never completed.
However, the court found that the acceptance of Sengadi as a bride solidified the union.
"The clearest indication of her acceptance as the deceased’s wife is evidenced by the actual utterances that were made: the respondent was formally introduced as the deceased’s wife and welcomed to the Tsambo family. Thereafter, the appellant embraced her and congratulated her on her marriage to the deceased."
"Having considered all the facts and circumstances of this case, I am persuaded that on 28 February 2016, the respondent and the deceased concluded a customary marriage that complied with all the requirements for a valid customary marriage as contemplated in s 3(1) of the Act. It follows that the appeal against that order of the high court must fail," the court found.
Sengadi announced the news to her social media followers on Thursday, adding that she planned to erect a tombstone in her late husband's honour after the national lockdown regulations are lifted.
"As soon as COVID has passed I will finally be able to erect a tombstone 4 Motho waka.The fact that he has been laying there like that & I had been blocked frm doing what he deserves has been haunting me all this time. Bt God is no fool. I will FINALLY get 2 do the right thing", she posted.
Today, 30 April 2020, the Supreme Court of Appeal of South Africa has RULED IN MY FAVOUR in the appeal of Tsambo v Sengadi! pic.twitter.com/76L7HQjRqZ
— Lerato Motho Sengadi (@Leratolicious) April 30, 2020