The inquest into the death of Anele Tembe has been postponed after the presiding magistrate fell ill.
The hearing was due to start on Monday in the Cape Town Magistrate's Court but will now take place from 7 to 9 September and on 15 and 16 September. Six witnesses have been subpoenaed to testify.
The inquest will examine the circumstances surrounding Tembe's death and whether anyone can be held responsible. Tembe, the daughter of businessman Moses Tembe, died in April 2021 after falling from the 10th floor of the Pepperclub Hotel in Cape Town. She was engaged to rapper Kiernan “AKA” Forbes at the time and the two were together in the hotel room before her death.
The National Prosecuting Authority (NPA) previously decided not to prosecute after considering forensic reports compiled by the South African Police Service (SAPS). The police docket was later sent back for further investigation and the matter was enrolled for an inquest instead.
Unlike a criminal trial, an inquest has no accused person. Criminal law expert William Booth said the court's job was to answer two questions. The first was what caused the person's death. The second was whether anyone could be held responsible. If the magistrate found that someone might be criminally liable, the findings were sent to the NPA, which would decide whether to pursue criminal charges.
The court is expected to hear evidence from police investigators, forensic experts and witnesses. CCTV footage, cellphone records and witness statements are also expected to form part of the evidence. The inquest comes after News24 published CCTV footage showing Tembe's final moments. The footage has raised fresh questions after apparent differences emerged between what some witnesses said and what is shown in the video.
Text messages between Tembe and Forbes are also expected to form part of the proceedings. The messages reportedly show Tembe threatening to jump from a building during an earlier incident at the Hilton Hotel in Durban. The Tembe family has asked the NPA to investigate what it says are differences between a lawyer's affidavit from that incident and the newly surfaced messages.
Booth said one of the biggest challenges was that neither Tembe nor Forbes could tell their side of the story. Forbes was shot and killed alongside his friend Tebello “Tibz” Motsoane outside the Wish restaurant on Florida Road in Durban in February 2023. That meant the court would have to rely on circumstantial and forensic evidence to decide what happened.
He said pathologists might not be able to determine with certainty whether Tembe jumped or was pushed, given the height and nature of the fall. Although six witnesses had been called, the inquest could be extended if more evidence came to light or more witnesses were needed. The magistrate might also allow interested parties, including the Tembe family, to call expert witnesses.
The murder trial of the seven men accused of killing Forbes and Motsoane is expected to run in the Durban High Court from 5 October to 8 November, with a pre-trial conference scheduled for 13 August.