THE owners of Enyobeni Tavern were found guilty of selling alcohol to minors.
Siyakhangela and Vuyokazi Ndevu of Scenery Park in East London were found guilty of supplying intoxicating liquor to persons under the age of 18 years by the East London Magistrates Court on Wednesday, 21 February.
The couple was charged in August 2022 after 21 youngsters died under mysterious circumstances in their tavern in Scenery Park, Eastern Cape. They pleaded not guilty and took the witness stand in their defence.
During the trial, they argued that they complied with all regulations during the tragic incident on 26 June 2022.
However, Sivuyile Gqamlana and Xoliswa Duma, who worked as cashiers at the tavern on that fateful night, sealed the state's case.
In testifying against the Ndevu couple, they already admitted to selling liquor to children under the age of 21 and paid a fine of R2000.
After the state closed its case, the defence applied for a discharge, but magistrate Kevin von Bratt dismissed the application after senior state prosecution Thango Pangalele successfully opposed it.
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National Prosecuting Authority (NPA) spokesman Luxolo Tyali said: “The court found that the state had proven its case beyond reasonable doubt that the couple were responsible for the sale of alcohol to under-aged children.
“It also held them vicariously liable for the crime, notwithstanding that one of them was not present while the other denied actively selling liquor on the fateful night of 25-26 June 2022, when 21 young people died in their establishment," he said.
Tyali said the prosecutor led evidence from nine witnesses, including two minors who survived the tragic incident, to secure the conviction.
"The court agreed with the prosecution submission there was no age restriction considered for access at Enyobeni, whatsoever, and the owners failed to take reasonable steps to ensure age restriction admission, in contravention of the Eastern Cape Liquor Act,” said Tyali.
The matter was postponed to Friday, 23 February, for arguments in aggravation and mitigation of sentence. Meanwhile, the formal inquest into the deaths of 21 young people at the Enyobeni Tavern is still to commence at the Mdantsane Regional Court.
