Fine for Enyobeni tavern couple ‘a slap on the wrist’
Parents of victims say they expected a harsher sentence than a fine of R5,000
Relatives of the Enyobeni tavern tragedy victims were furious on Friday after the tavern couple were fined R5,000 for selling alcohol to a minor.
Parents argued that tavern owner Vuyokazi Ndevu and operational manager Siyakhangela Ndevu got away with a slap on the wrist when they were fined by magistrate Kevin von Bratt at the East London regional court.
The couple were found guilty on Wednesday. Outside the court, relatives of the deceased broke down and comforted each other, expressing frustration about the outcome. They wore white T-shirts showing the faces of the 21 young people, including 18 minors, who died at the tavern in Scenery Park in June 2022.
Ntombizonke Mgangala, the aunt of Sinovuyo Mgangala, said she had wanted to scream during the sentencing.
“We know the court is making decisions based on facts, but we want to believe all the facts were put on the table by the prosecutor, especially the video footage where we could see young children inside the tavern.
“I thought this would ring a bell for the magistrate to give a stronger sentence.
“We understand that it’s not about the dying of our children, but just to send a message to tavern owners not to sell to children and to make sure there’s proper control of who gets into the tavern.
“It looks as if the state doesn’t care about the future of children.”
Khululekile Ncandana said the fine was a slap on the wrist.
“We are glad this part of the case is over. We are looking forward to the inquest now. There’s a lot that still needs to be done but we hope we will get justice for our children.”
EC Liquor Board spokesperson Dr Mgwebi Msiya said the board was not satisfied with the outcome.
“We hoped for something better, harsher against these liquor traders. However, we accept this sentence because it falls within the ambit of our act [Liquor Act]. We hope it will serve as a deterrent to other liquor traders.
“We understand the frustration from sectors of society, particularly the parents, but we want them to understand that it is within the provision of the Act which we used to open this case.”
National Prosecuting Authority spokesperson Luxolo Tyali said they had wanted a custodial sentence to be imposed.
“But of course the court also had to balance, as it said, many factors. It was our wish for a stiff sentence but we accept this decision, noting that even though emotions are high, this is not the case that relates directly to the deaths of the children.”
In his sentencing, Von Bratt said he was aware his decision would evoke various reactions. The magistrate reminded the gallery the case had nothing to do with the deaths of the victims.
He said he was mindful the Ndevus were first offenders.
“The state did mention that the option of a fine was offered to them. Clearly the state has no issue with a fine. The fine for an admission of guilt for the district of East London is R2,000.
“It would be irresponsible of this court to deviate drastically from the guidelines. In this light I believe the imposition of a fine would be appropriate.”
Siyakhangela expressed dissatisfaction with the decision.
“I’m not happy. The decision that was taken here has been cooked. I’m not guilty. I will pay the fine.
“I’m happy that ... this is over.
“If the conditions were normal, I would apologise. I cannot be remorseful for people who harassed me.
“These people are blaming me for the deaths of their children. They were influenced by Pangalele [state prosecutor]. I cannot accept that. I didn’t kill any children. I hate that the NPA gathered people to lie about my name.
The inquest is expected back in the Mdantsane magistrate’s court on February 29.