A forensic reconstruction of Anele Tembe’s fatal fall from a Cape Town hotel balcony found that an accidental slip was inconsistent with the physical evidence, the Cape Town Magistrate’s Court heard.
Lieutenant-Colonel Jeremy Philander, a chief forensic analyst at the forensic science laboratory in Cape Town, testified that simulations involving human-like dummies showed that a medium-force or aggressive push to the upper body produced trajectories that appeared consistent with evidence collected at the Pepperclub Hotel.
Philander also told the inquest that it remained possible Tembe had jumped and that he could not conclusively determine how she left the 10th-floor balcony.
Tembe, 22, died after falling from the hotel on 11 April 2021. She was the fiancée of rapper Kiernan “AKA” Forbes, who was later shot and killed in Durban in February 2023.
The inquest is examining the circumstances surrounding Tembe’s death and whether the evidence establishes that any person may be legally responsible. An inquest is not a criminal trial and does not itself result in a conviction.
Simulations test possible scenarios
Philander said the reconstruction was conducted to estimate how long it took Tembe’s body to reach the ground, calculate the impact velocity and determine whether the fall was consistent with an accidental slip.
Two anatomical dummies were built to approximate Tembe’s body weight. Investigators conducted a series of simulations at the hotel in August 2021.
In the first simulation, a dummy was released to replicate an accidental slip from the balcony. It took 2.39 seconds to reach the ground and landed 1.9 metres from the building’s wall.
Philander said the dummy travelled too close to the wall. One of its legs struck a level below the balcony, causing the body to rotate by approximately a quarter-turn. It then passed through trees and branches, which altered its trajectory.
He told the court that the result was not consistent with the physical evidence from Tembe’s fall.
The second simulation was intended to represent a jump or a slight push. The dummy took 2.2 seconds to reach the ground and landed 2.9 metres from the wall after one leg caught slightly on the balcony and caused the body to rotate halfway.
Philander said this scenario was also inconsistent with the evidence.
In the third simulation, medium force was applied to the dummy’s upper body. It took 2.3 seconds to reach the ground and landed closer to the recorded point of impact, near the edge of the pavement.
Philander said the results appeared consistent with the physical evidence.
The fourth simulation involved an aggressive push to the dummy’s upper body. It took 2.4 seconds to reach the ground and landed 5.1 metres from the wall after passing through trees.
Philander said that scenario also appeared consistent with the evidence.
Jump remained possible
Although the simulations were used to compare possible trajectories, Philander did not tell the court that a push had been conclusively proven.
Asked whether Tembe could have jumped, he said that possibility remained open.
His calculations indicated that a person of Tembe’s estimated weight would have needed to propel herself upwards and backwards to land 5.1 metres from the building’s wall. He calculated that this would have required approximately 17kg of force from the legs.
Under a scenario in which Tembe was standing outside the balcony and was pushed, he calculated that approximately 12kg of force would have been needed to propel her far enough to reach the same point.
Philander said he could not determine whether another person had carried or thrown Tembe from the balcony because he did not have enough evidence about the circumstances in which she left it.
He also testified that it was highly unlikely for a body falling from that height to undergo rotational movement.
Twigs and branches found in Tembe’s hair during the post-mortem examination suggested that she had passed through the trees during the fall, he said.
The reconstruction therefore assisted the court in comparing possible scenarios, but did not by itself establish who was present, what happened immediately before the fall or whether Tembe left the balcony voluntarily or because of another person’s actions.
Footprints found on balcony ledge
Earlier evidence included testimony from a crime-scene expert about footprints found on the edge of the balcony railing.
The witness said the marks were consistent with Tembe’s feet having been placed firmly on the ledge, with the feet facing towards the hotel-room door. This suggested that her back had been facing the street.
No fingerprints were found on the balcony railing. The witness said the area had not been properly preserved and had been contaminated by numerous people entering and leaving the scene.
The expert also testified that there were no visible signs of a struggle on the ledge. He said the footprints did not show the scuff marks he would have expected if someone had been dragged or restrained.
He told the court that Tembe landed on her feet, which he described as potentially indicative of a survival instinct. However, he acknowledged that the evidence concerning the trees was inconclusive and that branches could have caused marks on her body during the fall.
The evidence about the footprints, the railing and the scene contamination will be considered together with the reconstruction and the medical findings.
Evidence about hotel room and Forbes
The court also heard from a police photographer and forensic examiner who documented the hotel room after the incident.
The witness said the room was in disarray. Stains on bedding and towels were collected because they could potentially contain blood.
Photographs were also taken of Forbes during the investigation. The witness said scratches were visible on Forbes’ back and chest and described his hands as appearing reddish.
He could not confirm the extent of Forbes’ injuries because he photographed only areas visible to him. Forbes was wearing trousers, which prevented him from photographing his legs.
The court was referred to a J88 medical form recording fresh scratches and bruises on Forbes’ forearms, legs, back, knee and neck.
The photographer could not confirm whether the stains collected from the hotel room had been tested for blood.
The significance of the injuries, stains and condition of the room will be assessed during the inquest. The testimony reported so far does not establish when the injuries were sustained, how they occurred or whether they were connected to Tembe’s fall.
Tony Forbes welcomes continuation
Outside court, AKA’s father, Tony Forbes, welcomed the continuation of the inquest and said he wanted to understand more about Tembe’s death.
“I’m happy that it has started; it’s been five years. Today’s a continuation of it to understand more,” he told journalists outside the Cape Town Magistrate’s Court.
Tony said he had attended earlier proceedings in Durban and intended to remain patient as the process continued.
“We are trying to do our best. I speak for myself; I try to attend in Durban, and I am patient. It’s going to take time, and I’m patient. You can’t take shortcuts,” he added.
The inquest has continued several years after Tembe’s death and remains separate from the later murder investigation into Forbes’ death in Durban.
Proceedings continue
Philander’s testimony provided the court with a comparison of possible fall trajectories, but he did not conclusively identify the manner in which Tembe left the balcony.
The evidence still to be considered includes the forensic reconstruction, the condition of the hotel room, the footprints, possible contamination of the balcony area, medical findings and testimony from other witnesses.
The court will ultimately have to determine the circumstances and likely cause of Tembe’s death and whether the evidence points to an act or omission that may constitute a criminal offence.
Proceedings were due to continue on Tuesday. Until the inquest is completed, the evidence heard should not be treated as a final finding that Tembe was pushed, jumped or accidentally fell.