Owners of Enyobeni Tavern, Siyakhangela and Vuyokazi Ndevu, were on Friday sentenced by the East London Regional Court for selling alcohol to minors.
The couple faces a fine of R5,000 each or a 100-day prison term.
The court found that the State had proven its case beyond reasonable doubt that the couple were responsible for the sale of alcohol to minors.
The court's decision follows a thorough examination of the evidence, which demonstrated the tavern owners' culpability in the sale of alcohol to minors.
Despite one of the owners denying involvement and the other not being present during the tragic incident, the court held them liable for the crime.
In a pens down party in June 2022, 21 young people tragically lost their lives. Nine girls and 12 boys, aged 13 to 17, died in the catastrophe, and four individuals were said to be hospitalised in a critical condition.
Initially pleading not guilty, the couple took the witness stand in their defence.
However, following the closure of the State's case, the defence attempted to have the charges dismissed under Section 174 of the Criminal Procedure Act.
This attempt was thwarted by the prosecution, led by senior State prosecutor Thango Pangalela, who presented compelling evidence, including testimonies from nine witnesses, including survivors, and CCTV footage from the night in question.
The prosecution argued that Enyobeni Tavern had failed to enforce age restrictions, a violation of the Eastern Cape Liquor Act. Additionally, testimony from neighbours and officials from the Eastern Cape Liquor Board corroborated the prosecution's case.
A formal inquest into the tragic deaths of the 21 young people is pending at the Mdantsane Regional Court. This inquiry aims to identify any further criminal liability related to the incident.
IOL NEWS