The inquest into the tragic deaths of 21 young patrons at Enyobeni Tavern in June 2022 has brought into sharp focus a web of failures and blame-shifting between the South African Police Service (SAPS) and the Eastern Cape Liquor Board (ECLB).
The tragedy, which unfolded in Scenery Park, East London, has sparked calls for accountability from regulatory authorities whose inaction may have played a role in the devastating loss of life.
Both SAPS and the ECLB have faced scrutiny in court for ignoring community complaints and regulatory violations in the lead-up to the tragedy. Testimonies presented in the Mdantsane Magistrate’s Court during the inquest held from 18–22 November further highlighted these failures.
Community Complaints
Nkosinathi Msuthu, a neighbor of Enyobeni Tavern owners Siyakhangela and Vuyokazi Ndevu, testified to the community’s long-standing grievances against the establishment. He described excessive noise that stretched into the early hours, underage drinking, and intoxicated patrons engaging in inappropriate sexual behavior on private properties.
“My fencing wall and window seals collapsed because of the patrons. Cars would be parked in people’s yards, and homeowners couldn’t access their houses,” Msuthu told the court. He recounted an incident where an elderly resident was unable to get to the hospital due to vehicles blocking his driveway.
Despite numerous community meetings, including one hosted by Scenery Park police in May 2022, no meaningful action was taken. During that meeting, residents were advised to file affidavits with Sergeant Thabisa Kondile, which were meant to assist the Liquor Board's investigation into the tavern.
Police Testimony
Sergeant Kondile, who oversees liquor-related matters at Scenery Park Police Station, testified that the earliest recorded complaint about Enyobeni Tavern dated back to 2021. She admitted witnessing liquor license violations, including the tavern operating past its 2 a.m. closing time and playing excessively loud music.
“I didn’t make an arrest as I was alone that day,” Kondile said, referring to an incident where she confronted Vuyokazi Ndevu. Instead, she summoned the tavern owner to the station, but Vuyokazi failed to appear. Kondile acknowledged that no fines, arrests, or formal notices were issued, adding that excessive noise fell under the jurisdiction of the Buffalo City Municipality.
Liquor Board Testimonies
Meanwhile, the ECLB countered SAPS’ claims of limited responsibility. Inspector Zuko Lizani testified that the Liquor Board’s powers were constrained by the law, only allowing them to issue 30-day compliance notices or fines after investigating transgressions. Lizani questioned why SAPS failed to arrest the tavern owners when they caught them violating liquor laws.
The Board’s Head of Licensing, Pumlani Tyali, testified that the tavern’s 2022 license renewal was voided by illegal renovations made without municipal approval. Tyali also revealed that the Ndevus failed to obtain a special events license for the party held on the night of the tragedy, rendering the event unauthorized.
According to Tyali, the Liquor Act places liability on both the owner and the manager of a liquor establishment for compromising patron safety.
Evidence of Negligence
Evidence leader Luvuyo Vena emphasized that decisive action by either SAPS or the Liquor Board could have prevented the tragedy. “It seems like the Ndevus got away with everything. The authorities witnessed transgressions and did nothing,” Vena said.
The South African Human Rights Commission (SAHRC) report, released earlier this year, echoed these sentiments. It cited systemic failures by SAPS, the ECLB, and the Buffalo City Municipality, stating that their collective negligence contributed to the deaths.
The report criticized SAPS for prioritizing dialogue over enforcement, even when underage drinking and other violations were evident. It also called out the ECLB for issuing liquor licenses without adequate monitoring or enforcement and faulted the municipality for failing to enforce zoning regulations or address alcohol-related risks in communities.
The inquest will be back in court from 31 March – 4 April 2025.
