R5000 each or 100 days in prison.
That is the sentence handed down by the East London Regional Court to the owners of Enyobeni Tavern owners.
The couple, Siyamakhangela and Vuyokazi Ndevu, were charged and found guilty of selling or supplying intoxicating liquor to persons under the age of 18 years.
The case was opened by the Eastern Cape Liquor Board after 21 teenagers, including a 13-year-old, died at the Scenery Park tavern in June 2022.
Drum speaks to Xolile Malangeni whose daughter was one on the children that died, and he says words cannot even begin to describe his disappointment with the outcome of the case.
“There is no justice in South Africa. If your poor in this country, then you do not matter. Unfortunately, the children that died that day come from RDP houses in places like Duncan Village, Nompumelelo and Dice so nobody cares. Our surnames do not speak for us because we are poor. It is a pity when they want votes, then suddenly we are good enough for them, but not good enough to be treated like valuable members of society.”
Read more | Enyobeni victims’ parents praying for a harsh sentence
He says the sentence is a slap in the face of the families mourning their children.
“What is R5 000 to a tavern owner? They make that money in two hours. And even if for whatever reason they say they do not have R5 000, 100 days is just three months. There was evidence and footage showing what happened that night.”
Xolile says while this liqour board case has been finalised, there is still the inquest into the deaths of the teens.
“After this kind of sentencing I just do not know. We want to remain hopeful that at least the inquest will lead better results, but we do not have confidence in the justice system. We will see how it goes.
“These people are still operating taverns in other parts of East London and nothing is happening to them. I’ve heard that at liquor wholesalers taverns are called out by their names when their orders are ready not by the name of the person placing the order and we have been told that even to this day Enyobeni Tavern is still called out at the wholesalers when owners are restocking for weekends. Our kids are gone and they are not coming back.”
Read more | 'This is a wound that will never heal' - parent of one of the 21 teens that died at Enyobeni Tavern
Even the National Prosecuting Authority (NPA) is not pleased with the outcome.
“The NPA with disappointment the sentencing of the Ndevu couple, to a fine of R5 000 each or 100 days in prison. It was our submission that the two are not remorseful and they have a total disregard of the law.
“But because the act provides for the magistrate of impose a sentence of a fine, we do accept that. And the hope that the upcoming inquest will be able to tell who should being held criminally liable for the deaths of the 21 children, so that those can be prosecuted and punished accordingly.”
