- The magistrate pointed to four crucial failures that could have stopped the Enyobeni Tavern tragedy.
- The owner, manager, bouncer, police sergeant, and liquor inspector were each found to have acted with gross negligence.
- The Director of Public Prosecutions will now decide whether criminal charges should follow.
The deaths of 21 young people at Enyobeni Tavern could have been prevented if those responsible had acted on several chances to avoid disaster, the KuGompo Regional Court in Mdantsane has found.
Delivering the findings of an inquest into the June 2022 tragedy, Magistrate Mvuyiselo Malindi concluded that a series of failures by the tavern’s owner, manager, bouncer, police, and liquor authorities allowed dangerous overcrowding to continue until it ended in a fatal crowd crush.
The inquest, requested by the Eastern Cape Director of Public Prosecutions after initial investigations failed to establish criminal liability, heard evidence from over 20 witnesses.
The court found there was clear evidence that tavern owners, married couple Siyakhangela and Vuyokazi Ndevu, bouncer Thembisa Diko, police Sergeant Tabisa Kondile, and Eastern Cape Liquor Board senior inspector Zuko Lizani acted with gross negligence.
The court heard that all 21 victims, most of them teenagers, died from crushed asphyxia and other injuries linked to the crowd crush. Witnesses described severe overcrowding, extreme heat, and relentless pushing inside the tavern on the night of 25 and 26 June 2022.
1. Owner remained legally responsible
One of the magistrate’s key findings was that Vuyokazi Ndevu could not avoid legal responsibility by arguing that she was not present when the tragedy happened.
According to the Eastern Cape Liquor Act, the court found that her responsibilities as the licence holder remained, no matter whether she was physically at the premises or not.
The magistrate therefore rejected her claim that not being there excused her from responsibility.
2. The manager failed to act
The court also found that Ndevu, who was managing the tavern that night, failed to act after bouncer Diko told him she was overwhelmed by the large crowd at the entrance.
Magistrate Malindi said, “He could have closed the main entrance, turned off the music, or even called the police, but all he focused on was selling liquor.”
The court found that these were reasonable steps that could have reduced the danger as the situation inside the tavern worsened.
3. The bouncer abandoned the entrance
The magistrate made similar findings against bouncer Thembisa Diko, concluding that she left the main entrance unattended after being “overpowered” by the unruly crowd of young people trying to get in.
The court found that this contributed to even more people entering an already overcrowded venue.
4. Authorities failed to enforce the law
The inquest also found that law enforcement and regulatory authorities failed to step in, even though they received repeated complaints about the tavern before the tragedy.
The magistrate concluded that Kondile and Eastern Cape Liquor Board senior inspector Lizani did not enforce the liquor laws, despite many reports of violations by the tavern’s management.
The court found, “If they had acted appropriately long before the incident, these deaths would not have happened.”
Criminal prosecution is now under consideration
After finding clear evidence of criminal liability, Magistrate Malindi ordered that the full record of the inquest be sent to the Eastern Cape Director of Public Prosecutions.
The DPP will now review the evidence and decide whether to bring criminal charges against the five people named in the inquest.
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