State closes case against Enyobeni Tavern couple

The state has closed its case in the trial of the Enyobeni Tavern couple, Siyakhangela and Vuyokazi Ndevu in the East London Regional Court.

Police Detective Captain Gerhard Swart was the last witness to be led by senior state prosecutor Advocate Tango Pangalele during the trial.

The court testimony from neighbours of the couple, eyewitnesses who were present at the establishment when the tragic incident occurred, the Eastern Cape Liquor Board officials while CCTV footage from the establishment on the fateful night of 26 June 2022, was also presented by the State.

Charges

The Ndlevus  have pleaded not guilty to charges of selling or supplying intoxicating liquor to persons under the age of 18 years, and responsibility for conniving with and permitting employees and agents to sell or deliver intoxicating liquor to persons under the age of 18 years. 

The National Prosecuting Authority (NPA) spokesperson Luxolo Tyali said the matter will resume on 24 October for the defence to present its case.

The parents of some of the children who tragically died, said they were eagerly awaiting to hear the defence’s case.

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Inquest

Meanwhile, Tyali said an inquest will also resume in the East London Regional Court on 31 August 2023.

“The Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, decided that an inquest be held by a Regional Court Magistrate, to establish if anyone can be held criminally liable, by commission or omission, for the deaths,”

“At this moment, it is unclear what caused the incident and hence the state declined to prosecute. The matter is referred for formal inquest, which is inquisitorial in nature, and will assist the state to establish the cause of death in order to reach the appropriate legal conclusion,” Tiyali said.

Tiyali said more than 30 witnesses, including experts and eyewitnesses, are expected to testify at the inquest.

At least 21 teenagers – nine girls and 12 boys, aged between 13 and 17 – died under mysterious circumstances in the disaster at the establishment in Scenery Park, East London, on 26 June 2022 during a “pens down” celebration following mid-year exams.

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