SAHRC welcomes judgment on demolition of Enyobeni Tavern

The South African Human Rights Commission (SAHRC) has called the court order to demolish Enyobeni Tavern a step towards protecting communities from unsafe establishments.

Twenty-one young people died at a “pens down” party at the tavern in Scenery Park, Eastern Cape, in June 2022.

On the night of the incident, the artists and DJs were provided with free drinks by Enyobeni Tavern owner Sikhangela Owen Ndevu, according to one of the witnesses, Lihlumelo Lulani.

According to an Eastern Cape Department of Health toxicology report, the 12 boys and nine girls aged between 13 to 21 years old, died due to overcrowding.

The owners, Sikhangela and his wife Vuyokazi Ndevu, were fined R5 000 each or would have to spend 100 days in prison after being found guilty of selling or supplying liquor to persons under the age of 18, in February this year.

Last week, the East London High Court ordered the owners of the tavern – husband and wife Siyakhangela and Vuyokazi Ndevu – to demolish the structure within 90 days at their own cost. The court also prohibited the property from operating as a tavern unless it met all legal and regulatory conditions

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Enyobeni Tavern demolition

In April this year, the SAHRC issued its final report on the incident. The report made several damning findings against the Eastern Cape Liquor Board, the South African Police Service (Saps), the Buffalo City metropolitan municipality, and other government departments.

The commission on Friday said the latest court order aligns with how its report called for stricter regulations at taverns.

“The SAHRC views this ruling as a crucial step toward protecting vulnerable communities from illegal and unsafe operations,” it said.

“Our report, which was presented during a recent inquest, emphasised these systemic failures and called for immediate action.”

The report identified “signification violations” of zoning, building regulations, and liquor licensing as contributing to the disaster.

“We commend the Buffalo City Metropolitan Municipality (BCMM) for its decisive actions through the High Court to enforce compliance, demolish unauthorised structures, and prevent further illegal activities on the premises.

ALSO READ: Failures by liquor board, government led to Enyobeni tavern tragedy – SAHRC

Taking measures to prevent future incidents

The SAHRC said stakeholders had responded to its report’s recommendations in these ways:

• The Eastern Cape Liquor Board (ECLB) has initiated training programmes for ward councillors and signed memorandums of understanding with local authorities to strengthen enforcement measures. Their ongoing efforts include designating peace officers and implementing a 500-meter proximity rule near schools, which are vital steps toward preventing similar tragedies.
• The BCMM has intensified its enforcement of liquor regulations by issuing Section 19 Notices to illegal liquor traders and consulting with ward committees on liquor license applications. These actions promote greater transparency and community involvement in regulating liquor outlets.
• The South African Police Service (Saps) has partnered with the ECLB to conduct weekly awareness campaigns on alcohol abuse and compliance with liquor laws, aiming to foster a safer public environment.
• The Department of Basic Education (DBE) continues to warn students about the risks associated with “pens down” celebrations, emphasising responsible behaviour to prevent underage drinking and other dangerous activities, in line with the SAHRC’s recommendations.

“However, the SAHRC is still awaiting responses from national departments, including the Departments of Trade and Industry and Social Development, regarding the legislative gaps identified in our report, particularly concerning the Control of Marketing of Alcoholic Beverages Bill and the Liquor Amendment Bill,” it said.

ALSO READ: Eastern Cape Liquor Board against pens-down parties after 2022 tragedy