Grieving families in endless wait for answers as Enyobeni inquest stumbles again

The parents of the 21 young people who died in Enyobeni Tavern will have to wait until at least the fourth anniversary of their deaths to know if anyone will be held criminally liable.

The tragedy occurred in June 2022, almost four years ago, at the East London tavern, sparking widespread outrage and calls for accountability.

Survivors have testified about the horrific events that night, describing overcrowding, suffocating conditions, and possible chemical exposure. Dr Sithandiwe Kunyuza, one of the doctors that conducted post mortem examinations of some the deceased patrons, testified that asphyxia was the cause of death. She said overcrowding restricted oxygen from getting to the vital organs and contributed to their deaths.

The inquest held at the Mdantsane Regional Court was postponed to 23 February 2026, as the Enyobeni bouncer, Thembisa Diko failed to appear in court this week. She had been subpoenaed to testify in the inquest as she had made three conflicting statements. A warrant of arrest was issued for Diko though it will not be executed before her next court date.

“The witness was a bouncer and has statements where she said she was in possession of a pepper spray, a second statement where she said she had no pepper spray. However, in her third statement she testified to have used the pepper spray she was in possession of – Diko may face charges of perjury,” said prosecutor, Advocate Mathaise Kgatwe.

Diko, and Siyakhangela and Vuyokazi Ndevu, the tavern manager and owner respectively, are people of interest in the inquest. Diko and the tavern owners were afforded the opportunity to appoint legal representatives, but the Ndevus opted to represent themselves.

The inquest was also postponed because the presiding magistrate, Mvuselelo Malindi was absent because of a bereavement. The court was due to hear closing arguments from evidence leader, Advocate Luvuyo Vena, and the attorneys representing Diko and the families of the deceased. Instead, the court heard that Diko’s lawyer, Mzwanele Nkebe, was no longer able to act for her. “Your worship, because we just heard that Mr Nkebe who is representing Diko is no longer with Legal Aid, it appears that even if the magistrate is present, we would still have to postpone and afford the new attorney time. They still must locate her file,” said evidence leader, Advocate Vena.

“On the final day, Ms Diko was warned. Today, she is not in court; chances are she confused the dates as she has been to court regularly. However, I have instructed that a warrant of arrest be issued but be stayed until the 23rd of February,” Vena said.

Empty burial coffins during a memorial service for the 21 youngsters – the youngest 13 and eldest 21 years of age – who died in an East London tavern in June 2022. Archive photo by Mandla Mnyakama

Meanwhile, speaking outside court, Ntombizandile Mgangala, a parent to one of the deceased, said they were not happy with the postponement. “Remember the inquest was postponed numerous times last year because of missing transcripts and that has shaken our confidence because we believed that every evidence was recorded. We heard there are some pieces of evidence still missing; we still expect another postponement,” she complained.

In the last postponement, the evidence leader told the court that the evidence of some witnesses who testified during the lengthy inquest was incomplete. “In the transcript there is either evidence-in-chief only or showing cross-examination only, or parts of both.” On Monday, Vena indicated that there were now only small portions of evidence still missing.

“It appears there’s only one minor portion that is missing on the record; all parties will meet and we will supplement the missing portion with our notes,” said Vena.

Mgangala said the families believe the conclusion of the inquest will pave the way for a criminal case, which they see as a crucial step towards healing. “We won’t give up on our children’s case. We don’t care how many times it is postponed. If we are still alive, we will continue coming here until someone is held responsible for the death of our children.” Said Mgangala.

Mgangala said they longed to see someone being held accountable for the deaths. Judging from the evidence presented in court, she believes that accountability may extend beyond the tavern owner to several government institutions.