Lawyers representing the families of the 21 young people who died in the Enyobeni Tavern disaster have asked the inquest at the Mdantsane Regional Court to find the tavern owners, bouncers, police, Eastern Cape Liquor Board and its relevant employees responsible for the deaths.
Attorney Vuyisile Magqabi, for the families, argued on Monday that “no-one stands to be spared, particularly those who have failed in the performance of their duties”.
The 21 young people who died at the Scenery Park tavern were aged between 13 and 21. Several other patrons were injured.
Magqabi said Siyakhangela and Vuyokazi Ndevu, manager and owner of the tavern, had broken laws and regulations in the running of the establishment.
The Ndevus and former bouncer Thembisa Diko are people of interest in the inquest.
The inquest, which started in July 2024, is being held to determine whether anyone should be held criminally liable for the deaths.
Magqabi argued that the tragedy could have been prevented if minors had been stopped from entering the premises; if police had monitored the tavern and acted on repeated complaints about unlawful activity; and if the liquor board had used the powers available to it before the tragedy.
“Put differently, was it reasonably foreseeable that an occurrence of this nature would prevail given the dereliction of duty as set out?
“Or what other consequence was foreseeable by those responsible other than what would have occurred?” Magqabi said.
Relatives of the deceased sat in the public gallery as he addressed the court.
Magqabi said police had failed to act despite repeated complaints from the public.
There had been a breach of constitutional rights relating to dignity, a safe and healthy environment, health and children’s rights, he said.
He also cited alleged breaches of the Eastern Cape Liquor Act, including failure to issue a compliance notice, the prohibition on selling liquor to minors, trading-hour provisions, the failure of inspectors to perform their duties, and the board’s alleged failure to invoke its suspension powers.
Magqabi said Buffalo City bylaws, the National Liquor Policy of 2016 and the Eastern Cape Liquor Act of 2003 had also been flouted, and that action was taken only after the tragedy.
“There was no medical, nor first aid interventions initiated nor procured, nor were there ... trained personnel on the premises and there was zero effort on the part of the staff … to attempt to mitigate nor to seek to prevent the deaths,” he said.
Magqabi argued there was a direct link between the conduct or omissions of the police, liquor board officials, the Ndevus and their employees and the deaths of the victims.
“If one allows an uncertified structure to be overcrowded ... and lock the doors with no ventilation and with the police and [liquor board] failing to move an inch despite being empowered to do so, the same outcome would and should have been envisaged, even if in different forms,” he said.
He described the evidence of police and the liquor board as showing a “horrific lack of care” by institutions entrusted with protecting citizens.
The court heard complaints about the tavern dated back to 2021, when residents raised concerns over loud music and other alleged unlawful activities.
Affidavits from community members were later submitted to authorities.
“It is worthy to note that despite the slightly progressive steps undertaken to engage the community members (neighbours) on their complaints and further referral to the Eastern Cape Liquor Board, it is evident that nothing pre-emptive was ever done until the tragedy occurred,” Magqabi said.
Diko testified during the hearing that he used pepper spray on the night of the tragedy to disperse a crowd pushing its way into the tavern.
Patrons also testified about pepper spray being used.
“There can be little doubt that there was pepper spray. Pepper spray would have enlivened the pandemonium,” Magqabi said.
He asked the inquest to find the Ndevus, bouncers and employees working on the night, police and liquor board officials were responsible for the deaths and accordingly culpable.
Magqabi also called for the matter to be referred for criminal prosecution.
He said the children had gone to the tavern, “but once in they became Siyakhangela Ndevu’s responsibility”.
Diko’s attorney, Luntu Mdingi, the self-represented Ndevus, and evidence leader advocate Luvuyo Vena are expected to make their addresses on Tuesday.
Daily Dispatch