Civilians protest outside East London High Court during the appearance of the owners of Enyobeni tavern on 25 April 2023. Picture: Gallo Images/Die Burger/Lulama Zenzile
The South African Human Rights Commission (SAHRC) has made scathing findings against the Eastern Cape Liquor Board (ECLB) and government over the Enyobeni tragedy.
Nearly two years ago, 21 partygoers died at the Enyobeni Tavern in Scenery Park, East London, and now the SAHRC has released an investigative report related to the 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.
Addressing the media on Thursday, 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 alcohol harms,” Khwinana told reporters.
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 LDAC [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 the 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.”
READ MORE: Enyobeni Tavern: Scenery Park community commemorate victims a year later
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 Enyobeni Tavern and “yet failed to effectively investigate and maintain public order”.
The Department of Health was also found wanting regarding 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 affected families.
“The lack of clarity and consistency in the information provided exacerbated their trauma and denied them the dignity of knowing the truth about the circumstances of their loved ones’ deaths.”
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“Furthermore, the obstacles faced by family members in accessing relevant information, and the department’s explanation citing confidentiality and legal constraints, raise questions about transparency and accountability in the investigation process, further eroding the families’ sense of dignity and respect.”
The commissioner highlighted that the repeated postponement of formal inquest proceedings to investigate the deaths denied the victims’ families closure and “perpetuating their suffering”.
Additionally, the SAHRC found that the Department of Trade and Industry and the Department of Social Development neglected to prioritise crucial legislative measures aimed at curbing alcohol abuse.
Enyobeni Final Report by Molefe Seeletsa on Scribd
Among others, the commission recommended illegal liquor outlets must be identified in communities and ascertain their legal status.
It also suggested that police should prioritise regular patrols and inspections in areas with high alcohol-related incidents to deter unlawful behaviour.
The report recommended the Department of Education embark on a proactive campaign to eradicate or prevent “pens down” celebrations and instead look into alternatives such as concerts, sporting events and cultural festivals.
In February, Enyobeni owners, Siyakhangela and Vuyokazi Ndevu, were found guilty of selling alcohol to minors and were each given a sentence of a R5 000 fine or 100 days in prison.
NOW READ: Enyobeni Tavern: Parents threaten shutdown if not given post-mortem results
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