By Lehlohonolo Lehana.
The controversial owners of the infamous Enyobeni tavern, where 21 children died in June 2022, have been fined R5,000 each or 100 days in prison.
This after being found guilty of selling or supplying liquor to persons under the age of 18. The married pair, Sikhangela Owen Ndevu, 54, and Vuyokazi, 45, acted in violation of the Liquor Act.
In his sentencing, East London Regional Court magistrate Kevi von Brett said: “Let me say that the extreme punishment on first offenders will be impossible. In this light, I believe the imposition of a fine will be appropriate. When considering the possible suspension as part of it, I would say that would probably be futile. It is difficult to imagine any scenario where the two accused would be issued with another liquor licence at present.”
On Wednesday, Van Brett found that the state had proven its case beyond reasonable doubt that the couple were responsible for the sale of alcohol to under-aged children, and held them vicariously liable for the crime.
This after their failed bid in October last year to have charges against them dismissed.
This attempt was thwarted by the prosecution, led by senior State prosecutor Thango Pangalela, who presented compelling evidence, including testimonies from nine witnesses, including survivors, and CCTV footage from the night in question.
The prosecution argued that Enyobeni Tavern had failed to enforce age restrictions, a violation of the Eastern Cape Liquor Act. Additionally, testimony from neighbours and officials from the Eastern Cape Liquor Board corroborated the prosecution’s case.
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.
A formal inquest into the tragic deaths of the 21 young people is pending at the Mdantsane Regional Court. This inquiry aims to identify any further criminal liability related to the incident.