Inquiry into Anele Tembe’s death postponed amid legal uncertainties
Inquiry proceedings for the late Anele Tembe has yet again ground to a slow halt after proceedings were postponed on Monday morning.
The inquiry was expected to get under way at the Cape Town Magistrate’s Court today and was set down for three days but was, however, postponed due to the magistrate being unavailable.
The court heard that Magistrate Vanessa Duimelaar was attending to an unavoidable medical emergency and the inquiry was postponed to September 7 until September 9, and on September 15 and 16.
The inquiry was expected to hear testimony from six witnesses this week. Legal counsel for two of the witnesses on Monday did not confirm the names of who they were representing.
The State confirmed that the Forbes family has not yet confirmed if they would be legally represented during the inquiry proceedings.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said: “The last time there were two lawyers representing the Forbes family but the lawyers withdrew. What we are waiting for now is for the Forbes family to advise the inquest secretary whether they’ll be bringing in new legal representatives and whether they will be bringing witnesses before September.”
Tembe, who was engaged to slain Kiernan ‘AKA’ Forbes at the time of her demise, fell from the 10th floor of the Pepperclub Hotel in Cape Town on April 11, 2021.
Since the death, there have been allegations that AKA who was in the hotel room with her at the time, was involved in her demise. There were also allegations that Tembe was “chronically suicidal or had suicidal tendencies”.
The allegations from both families have been vehemently denied.
The inquest comes after the National Prosecuting Authority’s Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, previously decided not to prosecute anyone for Tembe’s death based on extensive investigations.
Probed about recourse and possible private prosecution for the Tembe family pending the outcome of the inquiry, Ntabazalila said he could not speak for the family.
“What comes out of this inquest will be forwarded to the office of National Prosecuting Authority where it may take a decision to prosecute anyone or not.
“If you are not happy with the decision of the NPA, you have the right to request a certificate for a private institution and then take it for private prosecution. But I do not want to be speaking on behalf of the Tembe family and I don’t want us to put the cart before the horse. Let’s allow this process to run its course, get a report, and decide after that.”
