Anele Tembe’s family takes NPA to court – report
Mose Tembe wants the NPA to reveal the contents of a docket which led to the decision to not prosecute AKA in connection to Anele Tembe's death.
Moses Tembe takes NPA to court over Anele’s death. Teme’s believe the late AKA is responsible. Picture: Twitter @JoyLethabo8
It appears there is a growing legal action from Anele Tembe’s father Moses Tembe against the National Prosecution Authority (NPA) based on their decision to not prosecute her late fiance Kiernan ‘AKA’ Forbes.
Anele died after falling from the tenth floor at the Pepper Club hotel in Cape Town in April 2021.
Over the last few days, there have been reports that Tembe’s family was unhappy with the NPA’s decision which was made in June 2022.
The family is building their own case to have the matter of her death further investigated.
Moses Tembe wants the NPA to release the docket
Last Friday it was reported by the City Press, legal letters from Anele’s father Mose Tembe lawyers, TM Incorporated Attorneys, that the family believes their daughter was killed by AKA.
On Sunday the publication further reported the businessman is taking the NPA to the high court to have them reveal the contents of a docket which led to their decision to not prosecute AKA in connection to Anele’s death.
Reportedly, Moses Tembe believes the NPA made its decision based on false statements and ignored critical evidence which could have changed the outcome.
With the height of the news of the late rapper’s murderer, NPA said days after his killing they were not prosecuting AKA.
An inquest docket is opened into Anele’s death however her father has requested it to be halted after he challenges the NPA in court.
According to the City Press, Moses Tembe has had constant communication with the NPA for the past several months, writing five letters to Western Cape director of public prosecutions Nicolette Bell, and senior state Advocate Megan Blows in his request to have contents of the docket that influenced the NPA’s decision released.
The attempts were unsuccessful, as Tembe sent an application in terms of the Promotion of Access to Information Act (PAIA) in October to access the docket.
Tembe’s lawyers request the name and contact details of the information officer and asked that the PAIA application be forwarded to the officer.
The NPA did respond on October 31, acknowledging they had received the receipt of the PAIA application however they did not produce the family with the requested document.
In December, Tembe’s lawyers ramped up its challenge, threatening to send an application against the NPA to compel it to release the contents of the docket.
“Your failure to cooperate in this matter is an injustice, and quite unfair on the family of the deceased. There is no basis for you not to release the contents of the docket,” the legal document read.
The family said the failure of the NPA to release the docket was a matter of injustice. In the last legal letter in January, Tembe informed the NPA of their intention to take them to the high court to have them release the contents of the docket.
NPA believes Anele’s death is a case of suicide.
Tembe’s believe AKA killed Anele
The Tembe family believes that AKA pushed or threw Anele from the balcony and felt the NPA should have conducted a thorough investigation.
They believe that there was enough evidence that indicated otherwise. The Tembe’s legal team pointed out evidence that substantiated their claims.
Moses Tembe denied accusations on social media of his alleged involvement in AKA’s shooting, who was shot at close range, described as a hit.
Responding to the claims, Tembe said in a statement: “The accusations are untrue and without substance. I categorically state my family feels the pain of the Forbes family and would never be involved in an abhorrent act of this nature.”