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[File photo] Victims of the Enyobeni tavern tragedy.
The evidence leader in the inquest looking into the deaths of 21 young people at Enyobeni Tavern at Scenery Park in KuGompo City has argued for criminal charges to be instituted against the tavern owners; and that the Eastern Cape Liquor Board be held liable for the deaths of the teenagers.
The inquest sitting in the Regional Court in Mdantsane in the Eastern Cape, heard closing arguments from the evidence leader, Advocate Luvuyo Vena and tavern owners, Siyakhangela and Vuyokazi Ndevu.
The liquor board came under fire as Advocate Vena lambasted the board for failure to ensure the safety of patrons by licencing the tavern despite non-compliance to structural and health and safety regulations.
A senior inspector from the board has also been flagged for not knowing his job specifications as he inspected a building at the tavern – an exercise argued to be outside the scope of his competency.
Advocate Vena described the approval for the tavern to be licensed as an act of financial gain for the board instead of adhering to regulations.
“The evidence that has been adduced that is before court clearly points that the Eastern Cape Liquor Board is to be blamed for the deaths of these 21 children. It shows that Mr & Mrs Ndevu, the owner and the tavern, or rather the owner and the manager of the Enyobeni establishment, ought also to be blamed for the deaths of these 21 children.”
While forensic evidence presented indicated the use of pepper spray during that fateful night, the legal representative of a former employee, Thembisa Diko, argued that there is no evidence tying the commotion at the tavern to the pepper spray being discharged by his client.
Diko’s legal representative, Luntu Mdingi, says his client alerted the owners to the overcrowding and cannot be held liable for the outcome.
“All these factors which contributed to that death here were not linked to the pepper spray, therefore miss Diko ought to be exonerated as the accused for possible suspect in this inquest in this matter.”
The tavern owners have distanced themselves from the incident, arguing that the parents should be partially blamed for the tragedy.
Vuyokazi Ndevu told the court that she was not at the tavern on the night in question, saying she shouldn’t be a part of these proceedings.
Siyakhangela, who was the manager on the night, says the responsibility of the children should not be blamed and put only on society, but parents had a role to play in the incident.
“Myself and Mrs Ndevu cannot be held criminally liable for the tragic loss of those children. Children who were never invited but forced them in or invited themselves by force your ship. Those who should be held liable are the parents also.”
Parents of the victims say they are looking forward to the findings of the inquest and hope the matter will be referred for criminal prosecution against anyone believed to be liable for the tragedy.
The inquest has been postponed to the 10th of July for a ruling.
Enyobeni Tavern Tragedy | Families demand answers:
-Report by Hlumisa Qabaka
