The Fierce joust between Lerato Sengadi, the woman who has been affirmed by the high court in Joburg as the widow of rapper Hip Hop Pantsula (shortened to HHP) has made for fascinating reading over the last two weeks.
HHP, real name Jabulani Tsambo, was an enormously popular musician who broke onto the consciousness of South Africans with his smash hit Bosso Ke Mang? (Who’s the Boss?) five years ago. He then went on to make many popular rap hits under the popular Motswako genre.
According to news reports, the rapper was found slumped on the floor of his bedroom in Randpark Ridge, Randburg, on October 24. Suspicion immediately turned to suicide because the 38-year-old had struggled with depression for a number of years.
In an interview in 2016, he spoke about how he tried to commit suicide. In 2015, he made three attempts, including trying to gas himself in his garage.
HHP’s death helped to highlight two issues: the subject of depression which has gripped this country in recent times, especially after prominent personalities such as Bongani Mayosi, the UCT cardiology professor, took his life on July 27.
HHP’s death also brought to the fore the issue of African customary unions and intricacies.
Inevitably, the age-old row of whether he was legally married burst onto the surface.
Initially, Tsambo’s family refused to involve Sengadi in the funeral arrangements, averring that as far as they were concerned, their son and Sengadi were not married. Their main contention was that she had left their son in March and therefore had broken the “engagement”. In any case, the marriage rites had not been completed and HHP had also not completed paying off the lobolo or magadi of R45000.
This issue once again raised the issue of customary marriages, which are still widely practised in South Africa. Practically every black man in this country who wants to get married must pay lobolo/magadi to the bride’s family. But in some cases, the man will find, to his regret, that he can’t turn back and claim to be not married once this procedure has taken place.
After the Sengadi v Tsambo family row, many black men must be scuttling to refresh themselves on the Recognition of Customary Marriages Act, 1998, the law in terms of which marriages performed under African customary law, including polygamous marriages, are recognised as legal marriages.
The Act was signed by president Nelson Mandela and came into force on November 15 2000.
Although spouses are obliged to register the marriage with the Department of Home Affairs within three months, a customary marriage is valid even if it is not registered. The purpose of the Act is to protect African women married under customary law. The Act declares that a wife in a customary marriage has equal legal status and capacity as her husband, including the ability to buy, own and sell property and the ability to enter into contracts.
And here’s the catch that many do not know: The Act applies the Divorce Act, 1979, to customary unions. That means that though you may have sent your uncles to pay lobolo/magadi, you won’t be able to despatch the same delegation - or even call upon traditional leaders or other traditional institutions - to terminate the union if things don’t work out between the couple.
In terms of the Act, a customary marriage can only be dissolved by the high court or a regional civil magistrate’s court.
HHP’s untimely death has left us many lessons. Alas, much as we will miss him for his vibrant, prolific talent, we should be grateful to him for giving us food for thought regarding a topic that many of us take for granted, but which has far-reaching and tremendous implications down the line.
Makgabutlane is an assistant editor at The Star.