The East London Regional Court in the Eastern Cape on Tuesday denied an application by the owners of Enyobeni Tavern to have charges against them dismissed.
The Enyobeni Tavern owners, Siyakhangela and Vuyokazi Ndevu, face charges of contravening the Liquor Act for allegedly selling alcohol to underage children and potentially coercing employees to engage in illegal activities.
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The tavern made headlines on 26 June 2022, after 21 teenagers died at the establishment at Scenery Park under mysterious circumstances during a “pens down” celebration following mid-year exams.
Nine girls and 12 boys, aged between 13 and 17, died in the disaster.
According to a final toxicology report by the Eastern Cape Department of Health, the victims died due to overcrowding inside the tavern.
However, families of the deceased teenagers refused to accept the report, amid revelations during the trial of the tavern owners, that a bouncer had allegedly discharged a pepper spray-like substance inside the overcrowded establishment at the time of their deaths.
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One state witness told the court the bouncer then locked the door and fled.
The accused, whose tavern’s liquor licence has been revoked, have maintained their innocence.
The trial continues.
Four other suspects, aged between 16 and 21, were arrested for allegedly stealing belongings of the deceased following the tragedy.
According to Brigadier Tembinkosi Kinana at the time, SAPS detectives followed up on information which prompted the arrest of suspects believed to have stolen from the deceased lifeless bodies.
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One of the suspects, a 16-year-old minor, was handed over in the custody of his parents under the Child Justice Act, which stipulates that an underage child may not be detained in police cells.
The stolen and recovered items included shoes, weaves, clothes and a watch belonging to some of the children who died during the incident.
Some of the stolen items were positively identified by families in the suspects’ homes.
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