More than five years after Anele Tembe’s death, the first day of the inquest into the circumstances surrounding her fatal fall from the 10th floor of the Pepperclub Hotel has brought new details about the moments leading up to the tragedy, with witnesses telling the Cape Town Magistrate’s Court they heard an argument, a woman screaming and a loud bang.
The inquest opened on Monday to establish when and how Tembe died and whether her death was caused by the negligence or unlawful conduct of another person.
Six witnesses took the stand on the first day, including two police officers, a hotel manager, a neighbour, a businessperson who supplied video footage to police and a hotel employee.
The court heard that the events inside the hotel room were preceded by an apparent argument between Tembe and Kiernan Forbes (late rapper AKA).
A witness who lived near the hotel told the court that he heard what sounded like an argument between a man and a woman, followed by a woman shouting: “Leave me alone!” and “Get away from me!”
The witness said the shouting was followed by a wailing sound, then a loud bang. He initially thought the noise sounded like someone had been hit by a car.
He went outside after hearing the commotion and saw Tembe lying on the ground. He thought she was dead but noticed signs that she was alive and called for emergency assistance.
Another witness, a hotel employee, told the court that she was on the phone with Forbes shortly before Tembe fell.
The employee said the caller requested security and told her that someone was on the balcony and wanted to jump. She recognised Forbes’s voice because he had stayed at the hotel on previous occasions.
While she was on the phone, she heard a loud scream followed by a bang. The employee then went outside with a colleague and saw Tembe on the road below.
She said hotel staff asked security to bring sheets to cover Tembe while they waited for assistance. The evidence places Forbes in contact with hotel staff immediately before Tembe’s fall and forms part of the court’s examination of what happened in the final moments before her death.
The court also heard evidence from police officers who were among the first people to arrive at the scene.
An officer told the court that police had been dispatched after a report of an apparent suicide. When they arrived, Tembe was lying on the road outside the hotel while paramedics attended to her.
The officer later went upstairs and encountered Forbes and members of his entourage. He testified about the account Forbes gave police at the time, including that he and Tembe had argued and that she had threatened to jump from the balcony.
Forbes told police that he had contacted hotel security after Tembe went onto the balcony. He said he had then gone into the bathroom because he believed she would not carry out the threat.
When he came out, he said Tembe was no longer in the room. He looked towards the balcony and saw her lying on the road below.
The court heard that Forbes had told police he believed Tembe was not serious about jumping because of an earlier incident in Durban. He said she had previously threatened to jump but had not done so, leading him to believe that she would not act on the threat at the hotel.
Police also described the condition of the hotel room after the incident. The room was said to have been in disarray, with items scattered around.
Evidence was given about blood found on items inside the room, including bedding and towels, while other objects were also observed inside the room and on the balcony.
The court was also told about Forbes’s demeanour when police arrived. A police officer described him as appearing composed and testified that he could smell alcohol on him. The officer said Forbes did not appear visibly distressed when police entered the room.
The officer was, however, questioned about whether a person’s outward reaction could reliably indicate how they were experiencing grief. The evidence did not establish that Forbes’s demeanour explained what had happened.
The court heard that Forbes contacted the hotel reception for security before Tembe’s fall. The hotel employee’s evidence showed that the call was placed shortly before she heard the scream and bang.
In another development, the magistrate ordered that the proceedings could not be livestreamed, filmed or recorded and that witnesses could not be named unless they gave permission. The restrictions are intended to protect witnesses while the inquest continues.
Moreover, the evidence heard on Monday does not amount to a finding that Tembe was murdered or another person caused her death. The purpose of the inquest is to establish the circumstances surrounding her death and determine whether negligence or illegal conduct might have contributed to it.
Tembe’s family have previously disputed suggestions that she had suicidal tendencies and has continued to seek clarity around the circumstances of her death. The family have welcomed the resumption of the inquest but said they would respect the court process and refrain from commenting on the evidence while proceedings were under way.
The inquest is scheduled to continue on Tuesday and Wednesday, then resume on 15 and 16 September. Further evidence is expected as the court continues to examine what happened in the hotel room and the events immediately preceding Tembe’s fall.