SAHRC
The Eastern Cape Liquor Board, Buffalo City Municipality and the SAPS are in the firing line of a report by the South African Human Rights Commission on the Enyobeni tavern.
The Commission conducted a probe into the deaths of 21 young people at the Scenery Park tavern in 2022, where a so-called pens down party was held.
The cause of death has not been determined while an inquest into the tragedy is underway.
The comprehensive report was released on Wednesday in East London and focussed on systemic challenges relating to the Enyobeni tragedy.
"While we acknowledge that other processes, including ongoing inquests and legal remedies, are underway, our report offers a perspective focussed on systemic issues and the broader implications for human rights and public safety," said SAHRC EC provincial manager, Dr Eileen Carter.
Dr Carter also called on all stakeholders to reflect on the lessons learnt and to join the collective efforts to address the root causes of such tragedies and to uphold the fundamental rights and dignity of all South Africans.
Here is a summary of some of the key findings.
EC Liquor Board
The report first took aim at the Eastern Cape Liquor Board.
"The Commission finds that the Eastern Cape Liquor Board's conduct or ommissions have contributed to violations of fundamental human rights in the unfolding of the Enyobeni tavern tragedy," said Commissioner, Nomahlubi Kwinana, who read out the report.
She said despite acknowledging severe human capital challenges, the ECLB peristed in issuing liquor licenses without the requisite capacity to adequately monitor and enforce compliance.
Kiwnana said this "failure directly contravened the state's obligation under the constitution and international human rights law, to protect life.
Furthermore, the SAHRC found ECLB "deliberately neglected to protect vulnerable members of society against the illicit trade of alcohol and associated alcohol harms.”
This was "by continuing to issue liquor licenses, knowing it would not have the capacity to oversee and inspect the operations of license holders, despite its own guiding principles on public interest.
"It would never be in the public interest to continue issuing liquor licenses at a ratio of one inspector per 470 license holders as it would be physically impossible to oversee these licenses. This, it would appear, is known to nefarious actors and may contribute to continuous flouting of liquor laws," she said.
Buffalo City Municipality
The Commission found that BCM failed to fulfil its obligations in ensuring the protection of fundamental human rights, particularly in relation to zoning regulations, monitoring of liquor license applications, and establishing a local drug action committee.
Kwinana said the Commission found it that it was "impossible" that Buffalo City Metro was not aware of the "concerning operations" of some taverns after submissions to it confirmed that the Council had received reports from ward committees, while also acknowledging BCM's obligation to monitor new liquor license applications.
"The revelation that the Enyobeni tavern operated without proper zoning, as a business establishment, underscores BCMM's failure to enforce zoning laws, building regulations, and directly infringing on the right to safe and healthy environment as safeguarded by international human rights instruments."
The SAHRC also said BCMM's "vague response" regarding the oversight over taverns operations and its failure to proactively engage in compliance monitoring of liquor license applications demonstrated a lack of accountability and transparency, further compromising community safety and well-being.
The SAHRC also noted the City’s failure to establish a local drug action committee, despite legislative requirements. It said this reflected “a systemic failure to address substance abuse issues comprehensively, and thereby infringing on the rights to health, while exacerbating social vulnerabilities, particularly among children and youth.”
SAPS
The Commission said that SAPS officials from Scenery Park confirmed being aware of complaints against the Enyobeni tavern going back to December, 2021, with subsequent complaints being lodged with the police over the years.
"The Commission finds that SAPS failed to fulfil its duty to protect public safety and uphold relevant regulations, thereby contributing to a range of human rights violations in relation to the Enyobeni tragedy," said Commissioner, Kwinana.
"SAPS's inadequate response to reports of underage drinking and other violations at the tavern, raises concerns about the thoroughness and effectiveness of its investigations.
"Despite receiving complaints about noise and public drinking near the tavern, SAPS reactive approach focussed rather on dialogue rather than straight enforcement of relevant laws and regulations, indicating a lack of assertiveness in addressing potential violations and protecting community well-being."
Department of Health
The SAHR said despite sending a request for information to the EC Health Department in March last year, it has not yet received a response and “noting a pending inquest, the Commission resolved not to further its engagement on this matter”
Read the full report here: https://www.sahrc.org.za/home/21/files/ENYOBENI%20FINAL%20REPORT.pdf
