How did Enyobeni tavern get a licence?
Municipality reveals business operated illegally, alterations not approved by Liquor Board
Enyobeni tavern, where 21 teenagers died, should never have been granted a liquor licence, according to municipal laws.
This emerged after Buffalo City Metro confirmed to the Daily Dispatch that the building had never been approved to operate as a tavern.
It functioned in an area zoned for residential use.
Metro spokesperson Samkelo Ngwenya told the Daily Dispatch the tavern had operated illegally.
Ngwenya also confirmed the building itself was illegal as the city had not approved building plans to allow the property owner to build a second floor.
Further, he said the owner did not inform the Eastern Cape Liquor Board (ECLB) about alterations to its structure which were done after the licence was issued.
The Liquor Board approves taverns for licences after it inspects premises to ensure they are suitable for the purpose.
It further emerged, from replies by the Liquor Board, that Siyakhangela Ndevu, the man who in media interviews has identified himself as the owner of the tavern, is not the tavern’s licensee.
According to the board, the liquor licence was issued to Vuyokazi Ndevu in 2012.
They are thought to be related.
The deaths of the 21 teens at Enyobeni happened in the early hours of Sunday morning and attracted international headlines.
All those who died were under 18, and the youngest is believed to have been 13. Police said the oldest victim was 17.
It is illegal for them to have been in the tavern or to be sold alcohol.
Ngwenya said the city would investigate the matter before taking action against the property owner.
“The erf is zoned in terms of the BCM Land Use Scheme as residential zone 3A (single residential).
“The process is, that for a tavern/shebeen to operate, verification is needed before a liquor licence is issued.
“The directorate of spatial planning and development did not receive any application or correspondence to verify the zoning for this property.
“BCM did not receive any land use application and it is confirmed that no departure was granted for the operation of a tavern on this site.
“Therefore to operate a tavern is illegal in terms of the zoning scheme.”
Ngwenya also confirmed no building plans had been submitted to convert the building into a doublestorey.
“There were no building plans received and approved by BCM for the structural renovations on Erf no 37300 in Scenery Park.
“There was no building plan approved and therefore the building was constructed illegally in contravention of section 4(1) of the National Building Regulations and Building Standards Act 103 of 1977.
“According to our records, there is no copy of approved building plans because the building was built illegally.”
Ngwenya’s revelations added to the troubles Ndevu faces after the Liquor Board officially laid criminal charges against the licensee.
Board spokesperson Mgwebi Msiya confirmed they had laid criminal charges on Tuesday afternoon at the Fleet Street police station.
“The case is in respect of the liquor trader selling alcohol to minors.
“The ECLB Act states that no registered liquor trader shall sell alcohol to a minor and if found guilty of this offence, will be liable for a fine or imprisonment not exceeding three years. So we are acting on the basis of the Act.”
Msiya told the Daily Dispatch that the board too had not been informed by the licensee about alterations to the building after the board issued the licence in 2012.
Msiya, however, did not reply to a follow-up question by the Dispatch asking about the official who signed off on the tavern’s licence.
Asked about inspections of the tavern, Msiya said there had been none.
“Buffalo City Municipality has more than 1,000 liquor outlets that have to be monitored by one inspector, which makes it difficult to inspect them on a regular basis unless there is a complaint.
“And in respect of this liquor outlet ECLB had not received complaints that would have warranted an immediate inspection.
“It is for this reason that ECLB urges communities to report cases of non-compliance through its complaints management system so that they can be promptly attended to.”
Ndevu could not be reached for comment as his phone went unanswered.
He also had not replied to questions sent to him via SMS and Whatsapp.
The latest revelations come as police are still investigating the cause of the teens’ deaths. Initially it was suspected that they died as a result of a stampede but police have since ruled this out.
Some of those who were inside told various media, including the Dispatch, of a feeling of suffocation after a suspected release of teargas or pepper spray.
Provincial health spokesperson Yonela Dekeda said a surviving teen was still in Frere Hospital.
“The 17-year-old is in a stable condition. He was admitted on Sunday after complaining of a tight chest, vomiting and a headache.”
A memorial service for the teens is expected to be held at Scenery Park Sports Ground on Saturday and a joint funeral will be held on Wednesday next week.