PHOTO: THULISILE MAPONGWANA
The mood was sombre outside the East London Magistrates Court on Friday as some of parents of the Enyobeni tavern tragedy were left shocked over the R5000 fine handed down to the former Scenery Park establishment’s owners.
Siyakhangela and Vuyokazi Ndevu were each slapped with the R5000 fine or face spending up to 100 days in prison.
They were earlier in the week found guilty on one count of selling alcohol and conniving with employees to sell liquor to underage persons.
The Eastern Cape Liquor Board, which laid the charges, called for a harsh sentence.
But in his sentencing judgment, magistrate Kevin Von Bratt, stressed the need to separate the deaths of the 21 young people at the tavern and the charges brought against the Ndevu's under the Liquor Act.
“The issue of responsibility for the deaths is one that’s still to be determined, this court, as I’ve emphasised originally, is not able to take that any further and would irresponsible to try,” he said
Before sentencing, Von Bratt considered the aggravating circumstances of the couple, mainly that they are first offenders with four minor children and that the husband has health complications.
Eastern Cape Liquor Board spokesperson Mgwebi Msiya said the sentence fell within the provisions of their Act.
“We accept the sentence although we would have wanted a harsher one. We hope this serves as a deterrent to the other liquor traders,” he said.
'DISAPPOINTED'
Meanwhile families of the youngsters who died in the tavern tragedy were less than pleased with the outcome.
One mother who did not want to be named, cried for her only child, stating how unfair it was for the Ndevu’s to get off on paying R5000 at their convenience when her only child will never return.
National Prosecuting Authority Spokesperson Luxolo Tyali said: “We are disappointed because we had called for the court to impose the highest sentence of five years imprisonment but we accept the court’s decision.
“We are pinning our hopes on the inquest that is due to commence in the Mdantsane Magistrates Court where we are hoping to find people who can be held criminally liable for the deaths.”
Tyali said even though he cannot pre-empt the outcome of the inquest, he can assure that the Ndevu’s guilty verdict in their trial will be taken into consideration.
Tyali hinted at a further postponement in the inquest on the 29 February, saying the court manager still needed to solicit the services of two assessors with the background in structural engineering and forensic pathology.
READ MORE: Bouncer testifies how people dropped like flies as Enyobeni trial resumes
