Tavern owners guilty of selling liquor to kids

The owners of the infamous Enyobeni tavern where 21 youngsters died in June 2022 have been found guilty of selling or supplying intoxicating liquor to persons under the age of 18.

The accused, Sikhangela Ndevu, 54, and his wife Vuyokazi, 45, acted in violation of the Liquor Act, East London Regional Court magistrate Kevi von Brett found yesterday.

Von Brett found that the state had proven its case beyond reasonable doubt that the couple were responsible for the sale of alcohol to under-aged children and held them liable for the crime.

Twelve girls and nine boys suffocated or were crushed to death during a party at the tavern on 26 June, 2022.

The court only dealt with the case of the sale of liquor.

The couple still has to answer for the deaths of the children during a formal inquest at the Mdantsane Regional Court.

The date for the sitting of the inquest is yet to be announced.

The tavern tragedy horrified the nation and sent shockwaves across the world.

The Eastern Cape Liquor Board opened the case against the couple and revoked the tavern’s liquor licence after it found that 18 of the 21 who died were under the age of 18.

The couple had pleaded not guilty and took the witness stand in their defence.

After the state closed its case in August, the defence applied for a discharge in line to Section 174 of the Criminal Procedure Act, but the prosecution successfully opposed that application.

To secure the conviction, senior state prosecutor Thango Pangalela led evidence of nine witnesses, including two minors who survived the tragic incident.

The court upheld Pangalela’s submission that there was no age restriction considered for access at Enyobeni, and the owners failed to take reasonable steps to ensure age restriction admission.

George Khwinana, who stays near the tavern, previously testified that countless complaints to the couple about the tavern being a menace to society fell on deaf ears.

Khwinana told the court that young patrons misbehaved and had noisy fights outside the homes neighbouring the night spot.

Another witness Nalo Mtizana told the court on 24 May that Ndevu stood in the queue for alcohol alongside her, and even flirted with her at his own tavern.

She said they even took a selfie together and later watched as children dropped dead.

The Enyobeni Parents Action Committee, a group of parents of the deceased children, has welcomed the verdict.

The case will be back in court tomorrow for arguments in aggravation and mitigation of sentence.