By Lehlohonolo Lehana.
The owners of Enyobeni Tavern, Siyakhangela and Vuyokazi Ndevu were found guilty of supplying intoxicating liquor to persons under the age of 18 years by the East London Magistrates Court on Wednesday, 21 February.
The couple appeared before the East London Magistrates Court on Wednesday.
They were charged in August 2022 after 21 youngsters died under mysterious circumstances in their tavern in Scenery Park, Eastern Cape.
They pleaded not guilty and took the witness stand in their defence.
During the trial, they argued that they complied with all regulations during the tragic incident on 26 June 2022.
Magistrate Kevi von 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.
The Eastern Cape Liquor Board opened the case against the Ndevus and revoked the tavern’s liquor licence after it found that 18 of the 21 deceased were under the age of 18 years.
National Prosecuting Authority (NPA) spokesman Luxolo Tyali said, “The court held them vicariously liable for the crime, notwithstanding that one of them was not present while the other denied actively selling liquor on the fateful night of 25-26 June 2022, when 21 young people died in their establishment.”
Tyali said the prosecutor led evidence from nine witnesses, including two minors who survived the tragic incident, to secure the conviction.
“The court agreed with the prosecution submission there was no age restriction considered for access at Enyobeni, whatsoever, and the owners failed to take reasonable steps to ensure age restriction admission, in contravention of the Eastern Cape Liquor Act,” said Tyali.
The matter was postponed to Friday, 23 February, for arguments in aggravation and mitigation of sentence. Meanwhile, the formal inquest into the deaths of 21 young people at the Enyobeni Tavern is still to commence at the Mdantsane Regional Court.