Enyobeni inquest legal teams urge criminal prosecution in closing arguments

The legal counsel in the Enyobeni Tavern inquest told the Mdantsane Regional Court in closing arguments this week that the matter should be referred for criminal prosecution. They argued that the tavern owners, the Ndevus, together with the Eastern Cape Liquor Board and the South African Police Service, bear a significant portion of the blame for the tragedy.

Four years ago, in June 2022 at the East London tavern, 21 youth lost their lives, sparking widespread outrage and calls for accountability.

Evidence leader, Advocate Luvuyo Vena, in his closing arguments, accused the Eastern Cape Liquor Board of failing in its oversight role, arguing that the board appeared more concerned with generating revenue from liquor licences than ensuring the safety of patrons. “We are here because of the Eastern Cape Liquor Board. It is clear from the evidence of Mr Lizani and Tyali that the employees of the board issued licences for illegal outlets to operate; they did not care about the safety of the patrons.”

Vena recalled the testimony of senior inspector of the liquor board, Zuko Lizani, who told the court that he found faults in his inspection of Enyobeni, but deemed the tavern fit for purpose. The inspector was not meant to approve the structure in any case, as it was the municipality’s responsibility and had demonstrated a lack of understanding of his enforcement duties and responsibilities.

It was not a tragedy – Enyobeni resulted from the dereliction of duty by police and liquor board officials. They were fully aware of the transgressions at the tavern, and did nothing when they were legally obligated to act. “If the liquor board was a person one would grab them by the neck and take them to the criminal court for the murder of these children,” Vena said.

The evidence leader recommended that senior inspector Zuko Sizani, Sergeant Thabisa Kondile, the Ndevus, and the bouncer, Thembisa Diko, be charged for either normal or gross negligence.

Enyobeni Tavern in Scenery Park where 21 teenagers died on 26 June 2022. Archive photo by Chwayita Dinginto

Kondile is a police officer attached to Scenery Park police station, designated to deal with liquor, secondhand goods, and firearm matters. During the inquest, she admitted that police had received complaints about the tavern since December 2021 but failed to take action against the owner. She told the court she was deployed to Enyobeni after the liquor board’s Zuko Lizani called her about noise complaints.

Family members of the 21 young people who lost their lives in the Scenery Park tavern 4 years ago. Archive photo by Chwayita Dinginto

The attorney representing the affected families, Vuyisile Magqabi, argued that the tavern was dangerously overcrowded on the night of the incident. Underage patrons were allowed into the venue, and alcohol was allegedly sold to minors. Security and crowd-control measures were inadequate and witnesses testified that pepper spray or some irritant may have been used inside the packed venue, worsening panic and breathing difficulties. The tavern owners and management failed in their duty of care toward the young patrons.

Magqabi also specifically argued that the matter should move beyond the inquest stage and be referred for criminal prosecution. “The owners of Enyobeni Tavern failed to protect the young patrons inside the venue. Patrons were trapped inside… struggling to breathe and begging to get out. There was inadequate ventilation and no meaningful emergency response or first aid intervention.

“The overcrowding and panic inside the tavern created dangerous conditions that the operators failed to control. The conduct of the tavern owners, Siyakhangela and Vuyokazi Ndevu, together with former bouncer Thembisa Diko, justifies referral to a criminal court,” Magqabi said.

He highlighted statements made by one of the owners, blaming parents for their children being there. He described that argument as “inhumane”, saying the tavern itself had invited young people to the event. Like Vena, he argued that the police, the municipality and the Eastern Cape Liquor Board had failed to properly enforce safety and liquor regulations.

In February 2024, Siyakhangela and Vuyokazi Ndevu were found guilty of selling or supplying intoxicating liquor to persons under the age of 18 years. File Photo by Chwayita Dinginto

In their closing arguments, the tavern owners maintained their innocence and instead blamed the parents of the victims. The owner, Vuyokazi Ndevu told the court that there was no reason for them to be held responsible.

“There is not even a single witness that clearly demonstrated why we should be held liable for the deaths of these children. I also don’t understand why both my husband and I are in this court because as I have explained, I was not responsible for the operations of the tavern. I therefore cannot account for what occurred that night, my husband was running the business,” she said.

Her husband, meanwhile, accused the court of running a criminal case in disguise. He argued that the proceedings were not helpful in the fact-finding mission. “The witnesses that have given evidence to this court were not credible as there were many children who were drunk that night. The purpose of the inquest is to prevent a similar incident from occurring in the future, but it has already been decided that we are to blame,” said Siyakhangela Ndevu.

He accused the then minister of police, Bheki Cele, of giving instructions that they should carry the blame.

Ndevu maintained that the parents are to be blamed. “Parents ought to know the whereabouts of their underage children. They are to take the responsibility for the deaths of their children,” he said.