By Lehlohonolo Lehana.
The families of the 21 young people who died at Enyobeni Tavern have welcomed the inquest findings on the deaths that were the result of asphyxiation caused by people being crushed.
The inquest’s findings will now be referred to the National Prosecuting Authority (NPA), which will decide whether to institute prosecutions.
The court found that the 21 minors died of crush asphyxia, with methanol, alcohol and high alcohol levels identified as contributing factors.
Magistrate Mvuselelo Malindi handed down the long-awaited ruling in the Mdantsane Regional Court on Friday, finding prima facie evidence for criminal prosecution.
Malindi found police officer Sergeant Tabisa Kondile grossly negligent for failing to follow up on complaints about the tavern’s contravention of liquor trading laws a month before the tragedy.
The magistrate said Kondile had failed the Scenery Park community.
The inquest also found that tavern owners Siyakhangela and Vuyokazi Ndevu failed to enforce liquor laws at their establishment.
The 21 victims, aged between 13 and 21, died at the tavern in KuGompo City, formerly East London, on the night of June 26 2022 after gathering to celebrate the end of their mid-year exams in what is known as a pens down party.
The judgment was met with emotional scenes outside the courtroom, with parents and family members praying before and after proceedings.
Families said they were relieved that the inquest had finally reached its conclusion and expressed hope that the findings would pave the way for criminal accountability.
A parent of one of the deceased young people Khululekile Ncandana, “Our message to the NPA we are saying that they should make sure harsher sentences are put forward to those who are responsible.”
Eastern Cape Liquor Board spokesperson, Dr Mgwebi Msiya, said the board respects the court’s findings but would need time to scrutinise the judgment before commenting on possible internal processes.
“We really need time to first go through the findings and make a thorough scrutiny of them before making a determination on what happens next,” he said.
Msiya acknowledged that the board continues to face capacity constraints, noting that the number of inspectors has increased from 17 at the time of the tragedy to 21, despite monitoring more than 7,000 liquor outlets across the province.
He attributed the shortage largely to budgetary constraints.
However, he said compliance efforts have since been intensified and that liquor traders have shown improved adherence to regulations in the aftermath of the tragedy.
Msiya described the Enyobeni incident as a wake-up call, not only for the Liquor Board but for communities, parents and society as a whole.
The South African Human Rights Commission (SAHRC) also welcomed the findings, saying they largely align with conclusions reached in its own investigation into the tragedy.
Provincial Manager Dr Eileen Carter said the findings reinforced the commission’s view that systemic failures contributed to the deaths of the 21 minors.
The commission said it would continue to monitor the implementation of its recommendations, including calls for stronger alcohol-harm legislation and measures to protect vulnerable young people.
The SAHRC also noted that Buffalo City Metro was not among those implicated in the findings, but said there remain other mechanisms to ensure accountability and implementation of recommendations.
The deaths of the young people caused an outpouring of grief and shock and also brought renewed calls for the legal drinking age to be increased from 18 to 21 in a country that has a reputation for teenage- and binge-drinking.