Late HHP’s Customary Marriage Battle Far From Over! This is after HHP’s father turns to ConCourt to challenge the customary marriages, the same which is late son married into. His complaint was that they seemed unfair. This follows after the family lost the court case against Lerato Seganedi, who was declared as HHP’s legal wife by the High Court.
HHP‘s father, Robert Tsambo, complains that the country’s legal system treats customary marriages as flexible, while the same is not applied to civil marriages, which leads to unfair treatment.
”There is a need for 80% of the population of this country to have clarity of application of the legal system which is central to them forming new relationships of marriage. The legal system must enable them to practice their custom of customary marriage without the uncertainty of what the various legal precedents are creating in their customary marriages,” Tsambo states in his Constitutional Court papers, which he also filed on behalf of HHP’s son Leano Khanye.
His decision to challenge the High Court regarding this was dismissed in April last year. However, he is now looking to appeal again.
In the papers he filled, he stated that: “In terms of custom subsequent to the lobola negotiations and an initial payment of the lobola has been made, a date is set where the bride’s family will hand over the bride to the groom’s family. Upon arrival, a lamb or goat will be slaughtered with the bile from the slaughtered animal being used to cleanse the couple.”
Overally, his argument is that the ritual of the handover did not take place and this would have signified the couple’s union as well as the joining of the two families.
It is clear that the battle between the two families is far from over.