Report slams liquor board, cops over 21 tavern deaths

Nearly two years ago, 21 partygoers died at the Enyobeni tavern in Scenery Park, East London, and now the South African Human Rights Commission (SAHRC) has released an investigative report on the tragedy.

The SAHRC made scathing findings against the Eastern Cape Liquor Board (ECLB) and government over the Enyobeni tragedy.

The commission’s investigation looked into the systemic challenges linked with the deaths, which included 12 boys and nine girls aged between 13 to 21 years old.

Initial reports suggested that the deaths may have resulted from carbon monoxide poisoning or suffocation, resulting from a stampede, however, both theories were ruled out. A formal inquest into the exact cause of death is still pending.

The SAHRC’s 86-page report made several damning findings against the ECLB, the South African Police Service (Saps), the Buffalo City metropolitan municipality and other government departments.

Yesterday, SAHRC commissioner Nomahlubi Berlinda Khwinana said the ECLB’s conduct contributed to the violation of “fundamental human rights” in the unfolding of the Enyobeni tragedy.

She said the liquor board persisted in issuing liquor licences “without the requisite capacity to adequately monitor and enforce compliance” despite acknowledging “severe human capital challenges”.

“By continuously issuing liquor licences knowing it would not have the capacity to oversee and inspect the operations of licence holders such as taverns, the ECLB deliberately neglected to protect vulnerable members of society against the illicit trade of alcohol and its associated harms,” Khwinana said.

The commissioner said the Buffalo City metro failed to fulfil its obligations in ensuring the protection of human rights, “particularly in relation to zoning regulations, monitoring of liquor licence applications, and the establishment of a local drug action committee”.

“The commission concludes that the municipality’s conduct regarding the Enyobeni tavern tragedy reveals significant shortcomings in its regulatory oversight and responsiveness to community concerns.”

The report noted that Saps officials from Scenery Park police station confirmed their awareness of complaints against the Enyobeni tavern as far back as December 2021.

Subsequent complaints were lodged with police over the years. “The commission finds that the Saps failed to fulfil its duty to protect public safety and uphold relevant regulations, thereby contributing to a range of human rights violations in relation to the Enyobeni tavern tragedy.”

Khwinana said the police’s inadequate response to reports of underage drinking and other violations at the tavern raised concerns about the thoroughness of its investigations. “[The police’s] reactive approach focused on dialogue rather than strict enforcement of relevant laws and regulations.”

The report further stated that police officials also observed untoward behaviour of patrons and non-compliance on the part of the tavern and “yet failed to effectively investigate and maintain public order”.

The department of health was also found wanting for its handling of the incident. “The initial reports suggesting methanol poisoning as the cause of death, later refuted, followed by the emergence of suffocation due to overcrowding as the purported cause, created confusion and distress among the families.”

Several people protested outside the High Court in East London during the appearance of the owners of Enyobeni tavern yesterday.