Enyobeni tavern owners found guilty

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Enyobeni tavern owners have been found guilty of contravening the Liquor Act by selling alcohol to persons under the age of 18 years by the East London regional court.

According to the National Prosecuting Authority regional spokesperson, Luxolo Tyali, the court ruled that the state had proven its case beyond reasonable doubt that the couple, Siyakhangela and Vuyokazi Ndevu, were responsible for the sale of alcohol to under-aged children.

“The court held them vicariously liable for the crime, notwithstanding that one of them was not present while the other denied actively selling liquor on the fateful night of 25-26 June 2022, when 21 young people died in their establishment.

“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,” he said.

Tyali added that to secure the conviction, senior state prosecutor Thango Pangalela led evidence of nine witnesses, including two minors who survived the tragic event.

He continued; “The court agreed with 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.

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“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, February 23, 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.