It is a few months shy of the second anniversary of the death of 21 East London teenagers who died under mysterious circumstances at a tavern, and the owners have finally been found guilty selling alcohol to minors.
On 26 June 2022, South Africans woke up to the shocking news that there was a mass death at Enyobeni Tavern in Scenery Park, East London.
The owners of the establishment, Siyamakhangela and Vuyokazi Ndevu, have this week been found guilty of selling or supplying intoxicating liquor to persons under the age of 18 years.
The pair appeared in the East London Regional Court where 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 and held them vicariously liable for the crime.
The couple had pleaded not guilty and took the witness stand in their defence.
After the state closed its case, the defence applied for a discharge, according to Section 174 of the Criminal Procedure Act, but the prosecution successfully opposed that application.
Read more | ‘What’s the cause of death?’ – Parents of kids who died at Enyobeni Tavern still waiting for answers
To secure the conviction, Senior State Prosecutor (SPP) Thango Pangalela led evidence of nine witnesses, including two minors who survived the tragic event. The court agreed with SPP Pangalela's 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.
Additional evidence led by the state is that of a neighbour of the Ndevu couple, Eastern Cape Liquor Boards' officials and the CCTV footage, taken from the establishment on the fateful night. The case will be back in court on Friday 23 February 2024, 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.
One of the mothers, Noluthando Nkani, whose daughter Inathi (18) died on that fateful morning says she heard about the conviction but will only know her feelings after they have been sentenced.
“We heard on the news that they have been found guilty, but we will truly know our feelings after they have been sentenced. As the parents we really hope that they will be given a suitable sentence, not a slap on the wrist.
“We have also noticed that the focus is not on the deaths of the children, the focus is on them selling alcohol to minors.”
Noluthando says despite this case drawing large media coverage, they are shocked that they still do not know the cause of death.
“The doctor that was assigned to this case told us that they found chemicals in their bodies and in the alcohol that they consumed, but the percentages they found would not have killed them. To this day, we do not know the cause of death.”
Noluthando says the couples’ lives have not changed.
Read more | 'The real question is why them?' – asks pathologist who did autopsies on teenagers who died at ECape tavern
“They are still operating in Ziphunzana and New Life and people say the slip say Enyobeni Tavern even though the establishment in Scenery Park has been shut down. We lost our children, and they are living their lives like nothing has happened.”
The Eastern Cape Liquor Board (ECLB) CEO, Dr Nombuyiselo Makala says they welcome the verdict.
“We are enormously pleased by today’s court outcomes and look forward to a harsh sentence when the Court convenes on Friday, 23 February. We are certain that today’s court outcome will act as a deterrent to other liquor traders who violate their trading conditions and allow underage persons into their liquor establishments.
“Underage drinking remains one of the biggest social ills in our communities and we urge liquor traders and members of community to play a meaningful role in alleviating the scourge. I am also delighted to indicate that ever since the tragic incident of the Enyobeni Tavern in 2022, we have worked tirelessly to educate our communities, including liquor traders about the dangers of underage drinking and how it can be prevented in line with our legislation.”
