OVERVIEW: Judge rules Lerato Sengadi the customary wife of HHP, interdict to stop funeral denied

2018-11-02 13:45

Lerato Sengadi has taken to court in a bid to stop the funeral of her late husband, hip-hop musician Jabulani Tsambo.

Lerato Sengadi

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Last Updated at 08:08
02 Nov 17:19

02 Nov 17:00

02 Nov 16:58

02 Nov 16:49

02 Nov 16:41

02 Nov 16:38

This concept of Ubuntu must be given traction in this case, the deceased was a well known figure, says judge.

02 Nov 16:36

02 Nov 16:36

She has a right to stop the funeral, says judge.

But the law takes into consideration that deceased was a well known musician. 

02 Nov 16:31

02 Nov 16:28
"Customary law is not rigid." says judge.

02 Nov 16:27
Applicant according to law, complied with law, a customary union was contracted.

02 Nov 16:24
There is no time constraints for lobola negotiations.  

02 Nov 16:23
"There are only 3 requirements" - judge emphasises.

02 Nov 16:22

02 Nov 16:22
Judge stated that "handing over" of the bride is not a requirement according to customary law, therefore, the argument that Lerato Sengadi is not a customary wife does not stand.

02 Nov 16:19
Judge says customary law act does not speak about “handing over” of bride and that it is not a requirement. 

02 Nov 16:12

02 Nov 16:12
Traditionally it will never happen that the intended couple would participate in the negotiations, says judge.

02 Nov 16:01

02 Nov 15:58
Merits of the case being read out in court.

02 Nov 15:56
"The law has dramatically changed in this country," says judge.

02 Nov 15:56

02 Nov 15:53
Judge Mokgoathleng says it's not disputed that this is an urgent matter.

02 Nov 15:52
Judge thanks counsel for their submissions.

02 Nov 15:51

02 Nov 15:49
Bester argues that the fact that Sengadi is "invited" is itself disrespectful, as she is his wife.

02 Nov 15:47

The respondents argues for the family's trauma, the implicit statemets behind those admissions is that the applicant has not suffered trauma.

Bester says she helped him through his addiction.

02 Nov 15:44
“African customs are flexible,” says judge.

02 Nov 15:43

02 Nov 15:43
There is an acceptance of this person, says Bester.

02 Nov 15:37
The families have met for the union to take place, Sengadi's lawyer states.

02 Nov 15:36

02 Nov 15:35

02 Nov 15:34
It's not appropriate to grant some relief. Ask that applications be dismissed. 

02 Nov 15:33
It's common cause that the families believed that the handing over ceremony would be part of the process in Jabba and Lerato's marriage, says Mahon.

02 Nov 15:32

02 Nov 15:32

Mahon makes reference to a relationship the deceased had with a third party.

Argues that he would not have been with another woman openly if they were married. 

02 Nov 15:28
Sengadi didn't have keys to the matrimonial home since she moved out, Mahon states.

02 Nov 15:22

The notion that women belong to their husband's worsens patriarchal views, says Judge.

"That is what is wrong with this country,"he says.

02 Nov 15:18

Mahon argues about the importance of the family. 

It's quite understandable that she feels upset about not being recognised by the family, if indeed she is the customary wife, he says. 

02 Nov 15:15
Mahon says the entire family is in Mafikeng for funeral attendance, people have made bookings and rehearsals are prepared.

02 Nov 15:14

02 Nov 15:13

Mahon argues that postponing the funeral would not make any sense, as many have already made arrangements to attend the funeral.

02 Nov 15:10
Sengadi has not identified any aspects of the funeral that she disagrees with. She has only disagreed that the funeral does not involve her. 

02 Nov 15:09
A great loss to be suffered by family if interdict was granted, says Mahon. The applicant had not participated in funeral arrangements. 

02 Nov 15:07
Applicant was aware of funeral date. The funeral has been categorised as a civic state funeral. 

02 Nov 15:03
Judge asks Mahon if he is familiar with customary reunions.

02 Nov 15:02

02 Nov 14:59
"Are you saying that’s the only way (handing over of bride at groom's place) it can be recognised as customary marriage?" -Judge Mokhoatlheng asks Mahon.

02 Nov 14:58
According to Mahon, Sengadi herself expressed that tradition was important to HHP and that he would therefore would’ve followed it to the core.

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