The Enyobeni Tavern Tragedy: State closes its case against owners

Enyobeni tavern owners Siyakhangela and Vuyokazi Ndevu. Picture: Bheki Radebe/African News Agency (ANA)

Enyobeni tavern owners Siyakhangela and Vuyokazi Ndevu. Picture: Bheki Radebe/African News Agency (ANA)

Published Aug 24, 2023

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The State led its last witness in the case against the owners of the Enyobeni Tavern who have been charged with selling alcohol illegally to minors following the deaths of 21 young people.

On June 26, 2022, the youngsters perished at the tavern in Scenery Park in East London, Eastern Cape.

The trial against owners Siyakhangela Ndevu and Vuyokazi Ndevu is currently being heard in the East London Regional Court.

According to the provincial National Prosecuting Authority, the last witness to testify for the State SA Police Service (SAPS) was Captain Gerhard Swart.

Other witnesses for the State included a neighbour, eyewitnesses, Eastern Cape Liquor Board officials, and CCTV footage taken from the tavern on the day of the incident.

NPA spokesperson Luxolo Tyali said the two are charges of selling or supplying intoxicating liquor to persons under the age of 18 years and responsibility for conniving with and permitting employees and agents to sell or deliver intoxicating liquor to persons under the age of 18 years.

The duo have pleaded not guilty to both charges.

The matter was adjourned for October 24 and is set over two days, where the defence will begin their case.

Providing clarity on whether anyone has been criminally charged for the deaths, the NPA said an inquest, which will resume in the East London Regional Court on August 31, would ultimately determine this.

"The Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, decided that an inquest be held by a Regional Court Magistrate, to establish if anyone can be held criminally liable, by commission or omission, for the deaths," said Tyali.

She said at the moment it is unclear what caused the incident, and hence the state declined to prosecute.

"The matter is referred for a formal inquest, which is inquisitorial in nature and will assist the State to establish the cause of death in order to reach the appropriate legal conclusion.

"More than 30 witnesses, including experts and eyewitnesses, are expected to give evidence."

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