Court finds prima facie evidence against those responsible for Enyobeni tragedy

Liability for the Enyobeni Tavern tragedy has been extended beyond the owners. On 10 July 2026, the East London court sitting in Mdantsane has ruled that there is sufficient evidence for criminal prosecution against Siyakhangela and Vuyokazi Ndevu, SAPS Sergeant Tabisa Kondile, bouncer Thembisa Diko and EC Liquor Board senior inspector, Zuko Lizani.

The court cited failures in enforcement, licensing, and compliance as contributory factors leading to the deaths of 21 patrons, some as young as 13 on the 26th of June 2022.

The inquest into the deaths of the 21 young people, according to the NPA regional spokesperson, Luxolo Tyali, was held at the request of the Eastern Cape Director of Public Prosecutions (DPP) after initial investigations did not yield enough evidence pointing to criminal liability by anyone.

Delivering the findings, magistrate Mvuyiselo Mlindi found that the tavern owners ran an overcrowded venue with no population certificate to set maximum capacity. The premises were built illegally, with no municipal-approved building plans and in a residential zone. The court also found the conditions of overcrowding, poor ventilation, and generator use during loadshedding contributed to crushed asphyxia and carbon monoxide exposure.

“During the proceedings Ms. Ndevu maintained that she was not present at the tavern when the incident happened. She told the court that she was home and only found out about the deaths the next morning. However, that excuse cannot be accepted as she had a legal duty to ensure proper management, security and compliance even when not physically there” said the magistrate.

Siyakhangela Ndevu was found to have failed to enforce age verification, allowing underage drinking. Magistrate Mindi continued: “Ndevu failed to exercise his powers; he was aware that there were minors at the tavern but did nothing. He could have called the police. Ndevu denied his presence but was seen in the CCTV footage selling alcohol to a 16-year-old, and the evidence of that minor, Nalo Mthizana, placed him at the scene.”

Elitsha previously reported that the Ndevus denied responsibility for the tragedy.

The inquest examined failures by the police to monitor and enforce liquor laws and trading hours in the area. In her testimony, Sergeant Tabisa Kondile admitted that she witnessed licence violations at the tavern, including trading past closing time, but issued no fines, made no arrests and served no formal notices. The SA Human Rights Commission previously found systemic failures by the police to act on illegal operations and underage drinking. The court also indicted SAPS for not conducting adequate inspections and enforcement at Enyobeni prior to the tragedy.

“Examining the evidence, Sergeant Kondile failed the community of Scenery Park and surrounding area. She admitted in the inquest that police had not done compliance inspections. She was aware that there was transgressions and at some point she was sent pictures of people violating the liquor act but she did nothing,” he said.

Meanwhile, the court also found the bouncer, Tembisa Diko, liable, ruling that her failure to control overcrowding and enforce safety measures contributed to the deaths of the minors.

Senior inspector Zuko Lizani from the Eastern Cape Liquor Board is tasked with licensing, inspections, and compliance for liquor outlets in the province. The magistrate found his actions to have constituted gross negligence. He failed to ensure the tavern met requirements for building approval, zoning, and capacity before registration.

The evidence leader during the inquest called for the EC Liquor Board to be held liable for licensing the venue despite compliance gaps.

Response by groups advocating for strict alcohol harm-reduction policies

Speaking to Elitsha, Kashifa Ancer from Rethink Your Drink, a campaign by DG Murray Trust, said that township economic growth is built around a high concentration of liquor outlets.

“Taverns and shebeens are often spoken about as symbols of livelihood, survival and township economic participation. For many owners, these are not abstract businesses. They are a source of income in communities where formal economic opportunities remain limited. But we must be honest about the public health cost when township economic growth is built around
high concentrations of liquor outlets. Economic inclusion cannot mean saturating already vulnerable communities with alcohol outlets. Real township development should create safety, dignity, opportunity and healthy public spaces. It should not make alcohol more available, more visible and more normalised in the lives of children,” she said.

Aadielah Maker Diedericks from the Southern African Alcohol Policy Alliance pointed to the culpability of those who profit from underage and excessive drinking.

“Everyone involved in producing, distributing, advertising, and selling alcohol – the big retailers and the local taverner – benefits.  And the police that takes a bribe. Less than 50% of people in South Africa drinks. But those who drink, drink excessively. So industry benefits from excessive drinking. And communities carry the true cost of the harm, as in the case of the Enyobeni tragedy,” she said.

A report by Eighty20, a consumer insights firm, shows that South Africans typically spend about R414-million a day on alcohol, a figure that almost triples during the week between Christmas and New Year.

The Drinks Federation of South Africa estimated that the alcohol beverage industry contributed R226.3-billion, or 3.6%, to South Africa’s GDP in 2022.

The World Health Organisation (WHO) considers South Africa to be one of the heaviest drinking nations globally. While only about a third of adults (15+ years) consume alcohol, those who do drink consume an exceptionally high volume (approximately 27 to 30 litres of pure alcohol per year) and engage in severe binge drinking.

South Africa, according to Rethink Your Drink’s Ancer, needs stronger controls on outlet density, shorter trading hours, evidence-based alcohol pricing and tighter marketing restrictions, alongside effective enforcement.

“Enyobeni was not only a failure of enforcement. It was also a failure of policy. We cannot continue relying on prosecutions after children have died while ignoring the evidence on what prevents harm in the first place. This judgment should become a catalyst for stronger liquor controls that put public health and children’s safety before commercial interests,” she said.

The Eastern Cape Liquor Board spokesperson, Dr Mgwebi Msiya said the board will study the findings of the court. Meanwhile the National Prosecuting Authority in the Eastern Cape said it welcomes the ruling by the regional court.