Who will have claim to Senzo’s estate

2014-11-08 00:00

LAWYERS and traditional experts agree that a cultural wedding is legally binding, registered or not. But they are split on who will have claim to Senzo Meyiwa’s estate.

African culture and traditional expert Victor Velaphi Mkhize said according to Zulu culture, if Meyiwa had completed the lobola processes, then Mandisa Mkhize is his wife.

Mandisa, who was widely reported as Meyiwa’s wife, was estranged from him and the soccer star had developed a romantic relationship with South African diva Kelly Khumalo

“Once lobola has been paid, you have made a promise to marry the woman. Only when the processes are done can you call her your wife. If you do not complete the processes, then you will be charged with breaching a promise,” said Maphalala.

He said a “white” wedding does not qualify you as a wife. “In Senzo’s case, Mandisa is the wife, not Kelly. It does not matter what Home Affairs says. Mandisa is according to Zulu custom the person who will gain control of Meyiwa’s estate,” said Maphalala.

But Durban divorce lawyer Sherman Dale Pillay of HHL Attorneys said while the law does not recognise a girlfriend to have any claim, the law doesn’t prevent Khumalo, who has a child with Meyiwa, from having been written into the will. “In the circumstances of a biological child, there is a legal relationship and as such there will be a duty of support and the guardian of the minor will be entitled to claim such support from either the biological father or his estate,” said Pillay.

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