Anele Tembe inquest postponed after magistrate medical emergency

The inquiry into the death of Anele Tembe was postponed on Monday after the presiding magistrate became unavailable due to a medical emergency. The inquest had been scheduled to start at the Cape Town Magistrate’s Court and set down for three days.

New hearing dates and immediate impact

The court postponed the proceedings to September 7 to 9, with additional sittings on September 15 and 16. The inquiry was expected to hear testimony from six witnesses this week.

Magistrate and legal representation

The court heard that Magistrate Vanessa Duimelaar was attending to an unavoidable medical emergency, prompting the postponement. Counsel for two witnesses did not confirm which witnesses they represent.

The State confirmed that the Forbes family has not yet advised whether they will be legally represented during the inquiry. National Prosecuting Authority 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.”

What the inquest may mean for prosecutions

The inquest follows a decision by the National Prosecuting Authority’s Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, not to prosecute anyone after extensive investigations into Tembe’s death.

Asked about the possibility of private prosecution, Ntabazalila said:

“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.”

Background to the inquiry

Anele Tembe fell from the 10th floor of the Pepperclub Hotel in Cape Town on April 11, 2021. She was engaged to Kiernan ‘AKA’ Forbes at the time of her death.

Since Tembe’s death, there have been allegations that AKA was involved in her demise and separate allegations that Tembe was “chronically suicidal or had suicidal tendencies.” The report states that both families have vehemently denied those allegations.

The inquest will reconvene on the newly set September dates to continue hearing testimony and to produce a report that may inform any future prosecutorial decisions.