By Lehlohonolo Lehana.
The Eastern Cape Liquor Board, Buffalo City Municipality and the South African Police Service (SAPS) are in the firing line of a report by the South African Human Rights Commission (SAHRC) on the Enyobeni tavern tragedy.
The Commission conducted a probe into the deaths of 21 young people at the Scenery Park tavern in 2022, where a so-called pens down party was held.
The commissioners dedicated the report to those who died: Lithemba Velaphi, Mbulelo Rhangile, Inathi Nkani, Kungentando Nzima, Ovayo Mateyise, Bongolethu Ncandana, Anathi Ngqoza, Sinothando Mgangala, Simamkele Sobetwa, Aluncedo Monela, Simele Bolsiki, Esinako Sinarhana, Oyena Ngoloyi, Lungile Bekiso, Asamkele Thukuthe, Azizipho Zilindile, Inamandla Wexu, Lilitha Methuko, Sisanda Mahlahlaka, Sisekela Tshemese, Thembinkosi Silwane.
The cause of death has not been determined while an inquest into the tragedy is underway.
Delivering the report on Thursday morning, Commissioner Nomahlubi Berlinda Khwinana said there was inadequate enforcement of the liquor regulations.
“Key issues included inadequate enforcement of liquor regulations by the Eastern Cape Liquor Board and the South African Police Service, failure to address community complaints, and insufficient oversight by the Buffalo City Metropolitan Municipality.
“Furthermore, national departments such as the Department of Trade and Industry and the Department of Social Development (DSD) neglected to prioritise crucial legislative measures aimed at curbing alcohol abuse.
“The Enyobeni tragedy further underscores violations of various legal frameworks, including Section 28 of the South African Constitution and international treaties such as the Convention on the Rights of the Child.
“Children’s rights to protection from the harmful effects of alcohol were directly compromised, reflecting broader failures in regulatory compliance and enforcement,” she said.
The SAHRC recommended that the liquor board implement a moratorium on issuing on-site licenses until the capacity for effective monitoring is bolstered.
“The Enyobeni tragedy serves as a sobering reminder of the urgent need to recalibrate regulatory frameworks and enforcement mechanisms to prioritise the protection of children’s rights, “said Khwinana.
“While acknowledging the economic contributions of the liquor industry, it is imperative to reassess the societal costs and prioritize the well-being of vulnerable populations.
The commission calls for decisive action to address systemic deficiencies and safeguard the rights of all citizens, particularly the most vulnerable among us.
The commission also suggested enhanced internal capacity-building through tailored training programmes for ward councillors and metro police officials; engaging in community outreach to identify and address challenges posed by liquor outlets; prioritising the installation of recreational facilities; conducting audits to ensure compliance with liquor regulations and building standards; and urgently establishing local drug action committees within its jurisdiction to help prevent drug and alcohol abuse.
Read the full report here: https://www.sahrc.org.za/home/21/files/ENYOBENI%20FINAL%20REPORT.pdf.