Thulisile Mapongwana
A husband and wife duo facing charges in connection with the Enyobeni tavern tragedy in Scenery Park in East London could face up to five years behind bars.
The trial of tavern owners, Vuyokazi and Siyakhangela Ndevu was adjourned in the East London Magistrate’s Court on Wednesday where they face charges of selling alcohol to underage persons and contravening the Liquor Act.
State Prosecutor, Tango Pangalele, told Algoa FM News, that five years was the maximum sentence that the Ndevu's could get if they are found guilty of the charges laid by the Eastern Cape Liquor Board.
The couple was arrested in June last year, in the wake of the deaths of 21 young patrons who died under mysterious circumstances in their Scenery Park tavern during a so-called pens-down celebration.
Three witnesses took the stand so far, with the third witness testifying that she had witnessed Siyakhangela Ndevu encouraging underage youth to drink and buy alcohol, including her friend on that fateful night.
Twenty-four-year-old Nalo Mtizana said that her first visit to the tavern ended with her 17-year-old friend, Inathi Nkani, gasping for her last breath on a bench table after a “spray gun” was discharged in the room.
She testified that a bouncer in a red shirt had sprayed a substance, and closed the door for about 30 minutes, seemingly to control the crowd.
She said the patrons in the enclosed space were gasping for air, breathing in hot air while their screams for help could barely be heard over the blasting music in the overcrowded tavern.
Mtizana also testified that while she was queuing to buy alcohol, she had spoken to Siyakhangela, but only learned when she saw him on TV the next day that he was the owner of the tavern.
“I was shocked to hear him say he was at an initiation school that night, as I had even taken a video with him.”
A parent who lost his 17-year-old son Bhongolwethu Ncandana told Algoa FM News outside court on Wednesday that he was happy that the truth was finally coming out.
“If you remember when he was asked before he said he was not at the scene at the time, but now with the evidence before the court it shows that he was there.’ Nkululeko Ncandana said.
Defence Attorney, Precious Daniels, said Ndevu does not deny that he went to the tavern, but only to collect money.
Meanwhile, the Southern African Alcohol Policy Alliance (SAAPA) says they “have on many occasions asked for justice and accountability from government and enforcement agencies.”
SAAPA communications officer, Terri Fontein said "more serious charges need to be brought against the tavern owners as 21 children lost their lives.”
She said the five years’ imprisonment the tavern owners face is not sufficient, as many survivors have also been affected by the tragedy.
SAAPA laid a complaint with the SA Human Rights Commission days after the incident, but Fontein says almost a year later, SAHRC has still not concluded its investigations into the tavern tragedy.
Ncandana also said they were looking forward to criminal charges against the couple, “so they can heal and get justice for their children.”
The couple will be back in court on the 19 July.
