The household of Anele Tembe, the late fiancée of Kiernan “AKA” Forbes, is taking the Nationwide Prosecuting Authority (NPA) to the excessive court docket for failing to disclose the contents of a docket that led to its resolution to not prosecute the late rapper in connection along with her loss of life.
This week, Anele’s father, Moses Tembe, by means of TM Integrated Attorneys, had informed the NPA within the Western Cape that they believed Anele didn’t commit suicide however was pushed from the tenth ground of the Pepperclub Lodge in Cape City.
Tembe, a widely known businessperson based mostly in Durban, additionally believes that the NPA’s resolution to not prosecute Forbes was based mostly on fabricated statements and that investigators ignored “essential proof” that was at their disposal.
Days after Forbes’ assassination on the busy Florida Street in Durban final weekend, the NPA introduced that it didn’t intend to prosecute anybody in relation to Anele’s loss of life. This angered the Tembe household, who’ve been attempting to interact with the company for the reason that center of final yr.
The Tembe patriarch, who’s main the household’s drive for solutions round the reason for his daughter’s loss of life, additionally requested that investigators halt an inquest into his daughter’s passing as a result of he wished to problem the NPA’s conclusion to not prosecute Forbes.
The couple grew to become engaged a number of months previous to Anele’s tragic loss of life in April 2021.
A witness who was in a neighbouring room on the day in query stated in a press release that he had heard an altercation and a girl screaming “depart me alone” earlier than the incident.
up to now seven months, Tembe has been going forwards and backwards with the NPA, writing 5 letters to Western Cape director of public prosecutions Nicolette Bell, and senior state Advocate Megan Blows in a bid to safe the contents of the docket that influenced the NPA’s resolution.
After reaching a impasse, Tembe despatched an utility when it comes to the Promotion of Entry to Data Act (PAIA) in October to entry the docket.
In a letter written to the NPA, Tembe’s legal professionals informed Bell and Blow that they’d made enquiries as to who the knowledge officer was, “nevertheless, we had been unsuccessful”.
The legal professionals requested the title and call particulars of the knowledge officer and requested that the PAIA utility be forwarded to the officer.
The applying learn:
The content material is being hunted for the aim of reviewing the choice of the director of public prosecutions (DPP), Advocate Bell, to not prosecute within the matter.
“The requester, who’s the daddy of the deceased, within the absence of the contents of the docket, is unable to launch and efficiently prosecute the assessment of the choice of the DPP with the workplace of the nationwide director of public prosecutions.”
The NPA responded to Tembe’s legal professionals on October 31 by acknowledging receipt of the PAIA utility, however didn’t furnish the household with the requested doc.
In one other letter despatched on December 5, the household threatened to ship an utility in opposition to the NPA to compel it to launch the contents of the docket, which they requested for in arduous copy.
“Your failure to cooperate on this matter is an injustice, and fairly unfair on the household of the deceased. There isn’t any foundation for you to not launch the contents of the docket.
“Your workplace, in addition to your officers, is not going to be prejudiced by the discharge of the contents of the docket for the needs of the Tembe household briefing counsel with a view to problem your resolution to not prosecute Mr Kiernan Forbes, regardless of the obtrusive prima facie proof for him to be prosecuted,” the legal professionals wrote.
The NPA responded by stating that the letter had been obtained and a response can be furnished to Tembe’s legal professionals as quickly because it was in a position to take action. That didn’t occur.
‘NO LEGAL BASIS’ FOR NPA SILENCE
Three weeks earlier than Forbes died, Tembe wrote one other letter to the NPA informing it that he can be sending an utility to the excessive court docket to pressure the company to furnish him with the docket.
That letter was the fifth written by Tembe, pleading for the discharge of the docket for the household to arrange for an inquest into his daughter’s loss of life and to write down to Nationwide Director of Public Prosecutions Shamila Batohi to ask her for a assessment of the NPA’s resolution.
Tembe wrote to the NPA for the primary time on June 14, and once more in October and December, and for the final time on January 11.
“We request that you simply furnish us with the total names in addition to the contact particulars of the knowledge officer and we intend to quote the stated individual within the utility that our consumer is aspiring to convey on the excessive court docket.
“We reiterate the truth that there isn’t a authorized foundation for the way through which your workplace is appearing. In consequence, our consumer will likely be searching for private value orders in opposition to yourselves in mild of your unprofessional conduct,” the legal professionals stated within the final letter.
The primary letter got here two weeks after the household was knowledgeable in a gathering by the NPA that nobody can be prosecuted in Anele’s loss of life.
The company stated investigators would revisit the case as a suicide.
EVIDENCE ‘SHOCKINGLY IGNORED’
The household rejected the NPA’s assertions that Anele had dedicated suicide, stating that investigators had ignored essential info indicating that Forbes had killed his fiancée after the pair fought.
The Tembes argued that the NPA’s resolution was based mostly on a fabricated assertion made by a receptionist on the lodge and one other fabricated assertion given by the rapper.
“The decision that Forbes made to the reception was made after Anele Tembe had already landed on the bottom. The video footage that captured her fall information a time that’s previous to the decision that Forbes made to the reception of the lodge.
“The proof within the type of the file of the decision and the video footage, that are contained within the docket, had been shockingly ignored. The receptionist is well contradicted by that,” the household argued.
In addition they said that the investigators ignored a press release by essential witness Rob Stefanutto, who stated he heard an argument within the rapper’s room between a person and lady.
The household stated that, in the course of the argument, “the [woman], who later turned out to be Anele, was heard desperately asking the attacker, being male, to depart her alone. Moments thereafter, Stefanutto heard Anele drop. He then administered [cardiopulmonary resuscitation] on her.”
The household believes that AKA assaulted Anele on the lodge earlier than he threw her over the balcony.
“The blood that was discovered within the lodge room indicated that there was an assault on Anele previous to her killing.
“The scratch marks on Forbes’ physique, particularly [on his] again, which had been defensive marks in an upward course, point out that Forbes was carrying Anele on his shoulders whereas she tried to defend herself. The scratch marks are indicative that Forbes threw her over the balcony.”
The household additionally raised considerations that Anele’s telephone was wiped of its contents following her loss of life.
In addition they raised the difficulty that the rapper couldn’t make calls to emergency providers after her passing, however used his telephone to name a sure highly effective underworld household within the Western Cape.
The letter closes off by making a suggestion that the NPA use a special investigation crew – the one which investigated the homicide of Susan Rohde, who was discovered useless with the wire of her hair straightener wound round her neck within the rest room of the room she and her husband Jason, an property agent boss, had been sharing on the Spier Wine Farm close to Stellenbosch in 2016.
“We convey to your consideration the matter of the state vs Jason Rohde, which was efficiently prosecuted by your workplace. The proof in that matter was not overwhelming as on this case, nevertheless, there was success on the premise of circumstantial proof,” the letter reads.
In a press release this week, Tembe pleaded with the police to assist discover the rapper’s killers.
“Ever for the reason that devastating lack of my beloved daughter in April 2021, I’ve sought to get to the reality behind the occasions that led to her premature and untimely loss of life.
“I’ve finished so by partaking the authorized authorities and following due course of within the information that the authorized course of would vindicate my beloved daughter and show to the world what I, and the remainder of my household, have at all times recognized – that Anele was not suicidal and had by no means harboured ideas of suicide.”
He added that Forbes’ loss of life was a large loss, as he knew “too nicely the insufferable and never-ending ache of dropping a baby, and it’s one thing that no mum or dad ought to ever should expertise”.
Furthermore, the killing has robbed him and his household of the chance to resolve what occurred on the Pepperclub Lodge.
Tembe has additionally lambasted “the scurrilous, completely unfounded and baseless rumours doing the rounds relating to my ‘function’ in Kiernan’s loss of life. I by no means judged Kiernan. I and my household demonstrated our love for him to his final day.”
He stated he would “proceed our seek for reality in regards to the circumstances that led to Anele’s premature loss of life” and would “proceed to work with the authorities till we discover justice”.
Yesterday, Forbes’ lawyer Rudolph Baloyi stated he was not capable of touch upon the matter because the household was at the moment specializing in the rapper’s funeral.
Tembe’s lawyer Bongani Khoza stated:
Kiernan Forbes was not an accused individual within the matter associated to the loss of life of Anele Tembe.
“It will be reckless for me to touch upon the Tembe matter within the context of the premature loss of life of Forbes. Doing so would create an pointless nexus between the 2 issues, that are each being investigated by extremely competent investigators.
“Additional, I’m conscious of the ache that his household and family members are experiencing. I’ve an obligation to behave with a way of duty, extra so in mild of the non-public relationship that I had with Kiernan.”
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