Enyobeni inquest hears from witnesses

The inquest into the death of 21 young people at Enyobeni Tavern two years ago has been remanded to August 12 to 23. The proceedings resumed on Monday. Its purpose is to establish if anyone can be held criminally liable, by commission or omission, for the deaths.

The state has called to the stand four witnesses including a Scenery Park constable, Wandile Mzinjana, who testified to have arrived first at the scene, and 25-year-old Esona Bobani who recalled trying to save the life of one victim. “When we got closer to Enyobeni to look for Ilitha, our friend’s cousin, we saw people gathered around the tavern. A male friend advised me not to go closer, but I ignored him.”

She said she proceeded and close to the door of the tavern there were three bodies lying on the ground. “There were two boys and a girl. Sandi identified one boy as his friend Mabena, and the other boy was known to others. We then tried to help the unknown girl.” Bobani said she then called the police who organised transport that took her to Empilweni Clinic. She said at the time the girl seemed like she was sleeping: “She had no visible injuries. Her eyes were closed and she had no blood; she was just fine.”

However, after waiting for hours, she and a friend were informed by a nurse that the girl they brought had been dead on arrival. Bobani identified the girl from two pictures shown to her and the court was told she was Kungentando Nzima.

Another witness called to the stand was retired East London brigadier, Mxolisi Mqotyana who told the court that upon his arrival at the scene at 04:00 in the morning, seven bodies of the victims were lying on the ground, while eight others were on the upper level of the structure. They had no visible injuries or blood. “The bodies were six boys and a girl on the ground floor with a foam in their nose. When I went upstairs there were eight more bodies with foam too.

“I then made sure that everything was not tampered with, this includes the alcohol used and unused, food prepared and a generator. I made sure they were preserved for experts and they formed part of the evidence,” he said.

While busy at the scene around 11 a.m. of the morning after, he was approached by members of the community informing him of a young woman who needed help urgently. “I attended to this and spoke to a young lady who identified herself and informed me that she was at Enyobeni Tavern during that night and complained of pains in the stomach and legs. I quickly arranged that she be rushed to hospital but I was thereafter informed that she had succumbed to the pains on the way,” said Mqotyana.

Parents reject post mortem

Last year, the Department of Health told parents as part of the post-mortem report, that the cause of death was suffocation, a verdict they are still dissatisfied with. A public announcement of a preliminary report by the provincial health department stated that methanol‚ a toxic alcohol found in industrial solvents‚ fuels‚ fertilizers and many other products‚ was found in the blood of all 21 children. The results of the full toxicology report have not been made public.

Mqotyana also told the court that the owner was at the tavern on that fateful night. “The scene was secured for three days. On the second day we asked for a permission from the owner of the tavern to view the CCTV footage and while looking, I saw the manager and husband of Vuyokazi Owen Ndevu standing by a queue of visibly underage children who were lined up to buy alcohol.” He said Ndevu was managing the queue, which he denies.

Mqotyana said his investigation concluded that the negligence of the manager, owner, and bouncer caused the tragedy. Meanwhile, Enyobeni manager and husband to the owner, Siyakhangela Owen Ndevu denies having been present at the tavern on the night. Speaking on the sideline of the inquest held at the East London Regional Court on Wednesday, Ndevu said: “That Mqotyana is stupid, he and Detective Swaart went back to my house to persuade my wife to convince me that I must admit to have been present during that night, while I arrived after 2 a.m. after being told by a friend that people were fainting, I then rushed home. I walked to the police station leaving my vehicle behind, they must not talk rubbish.”

Despite being found guilty and fined R5,000 for selling alcohol to minors by the East London Magistrates Court, Ndevu said the state could not prove that those minors bought alcohol from his tavern and consumed it. “Because they could not prove that these minors bought alcohol, the prosecutor had to go and plead with the magistrate not to let me walk free,” he said.