In 2012, one of the owners, Vuyokazi Ndevu (43) applied for a liquor license from the Eastern Cape Liquor Board (ECLB) as the building, a single-story house, met all the requirements.
A spokesperson for the ECLB Dr Mgwebi Msiya says during the Covid-19 lockdown in 2020, another story was erected on the property with only one door, instead of the required two.
He says the new structure did not get the necessary approval from the Buffalo City Metro (BCM) which meant that they were now trading alcohol illegally.
Dr Msiya told Algoa FM News that they only have 16 inspectors overseeing more than 7 000 liquor outlets and that it would be impossible to keep tabs on everyone unless complaints are received.
“If we had picked up that the structure had been altered we would have taken an action against them as they violated the regulations. The new building plans should have been brought to us to be approved in line with the Liquor board’s specification.”
According to them, there had never been any complaints against the tavern, although locals vehemently disagreed.
This week the trial against the Ndevu couple resumed in the East London Magistrates Court where bouncers and patrons gave damning testimony in court.
Vuyokazi and her 52-year-old husband Siyakhangela are facing charges of selling liquor to minors and operating illegally.
On Wednesday, while at court, BCM officials served them with a High Court order to demolish the tavern building.
Metro Spokesperson, Samkelo Ngwenya said after the tragic incident they discovered that there were no building plans approved by the municipality.
They also found that the Ndevu’s had not applied to operate a business from their home.
The couple, who called it a publicity stunt, also accused witnesses of lying on the stand.
They said when the children arrived at their tavern they were already drunk and were not served alcohol on their premises.
A bouncer testified this week about how she warned the Ndevu’s about the tavern getting overcrowded.
She said she was forced to abandon her duties as the situation got out of control.
A patron, who was 17 years old at the time testified how children became stuck inside when the doors were shut from the outside to prevent others from getting in.
He too, fainted when he finally managed to get out of the building.
The bouncer said people were gasping for air and started dropping like flies.
The now notorious and frowned upon "pens-down-parties" had hundreds of children flock to Enyobeni on that fateful night, to celebrate the end of the June school exams.
The possible demolition of the tavern has received a mixed reaction on social media, including from the victim’s parents.
Aunt to one of the deceased, 17-year-old Ntombizonke Mgangala questioned why the crime scene would be demolished before the inquest into the deaths of their children even started.
Ngwenya told Algoa FM News, if the structure itself is still under investigation then police will advise accordingly as they are aware of the pending demolition.
“We will definitely make sure that processes run concurrently and do not supersede each other, making sure that what we do is in the time frame of justice.”
Families remain optimistic that criminal charges will be brought against the Ndevu’s as the exact cause of the deaths could not be confirmed.
Loved ones went to picket at the Woodbrook forensic offices in East London on Friday demanding to see the toxicology reports with their own eyes, however, the Department of Health (DOH) said it was not allowed as the case was still being investigated by police and could jeopardise the investigation.
The report did highlight the presence of carbon monoxide, methanol and alcohol in the blood of all the deceased.
The South African Police said during the investigation, the post-mortem results, as a matter of procedure, had to be handed over to the National Prosecuting Authority (NPA) for interpretation and decision on whether there were prospects for formulating charges.
Spokesperson Brigadier Tembinkosi Kinana says the Director of Public Prosecutions (DPP) decided that all witnesses be subpoenaed to attend a formal inquest hearing on the 30th of August 2023 in the East London Regional Court.
The case against the Ndevu’s was postponed to the 23rd of August 2023.
