Enyobeni tavern duo fined R5,000 each, set to seek aid to pay

Enyobeni tavern's owner and operational manager Vuyokazi and her husband Siyakhangela Ndevu have been sentenced to fines of R5,000 each, with the alternative of 100 days' imprisonment.

They were convicted in the East London regional court on Wednesday for being liable for the sale of alcohol to a 17-year-old, who testified in the trial. 

Sentencing was handed down on Friday by magistrate Kevin von Bratt.

After querying whether they were in a position to pay the fine, he ruled “the matter will be referred to the Prisoners' Friend so arrangements can be made for deferment and payment over a suitable period”.

The tavern became notorious after the death of 21 schoolchildren during a “pens down” party in June 2022. The government said suffocation due to overcrowding was the likely cause of death. 

Von Bratt said while he understood the community's anger over the loss of life, the case before him was a contravention of the Liquor Act. The issue of responsibility for the minors' deaths is yet to be determined.

“There may be unrealistic expectations for sentencing because of legitimate concerns in the community. This places the court in an impossible position,” he said, adding the court needed to balance everyone's rights as fairly as possible.

While no-one could have foreseen what occurred, a business dealing in liquor without proper access controls was a serious social problem. “This is the court’s major issue. We are a nation that cares about our children [and] it is dangerous if underage people have no difficulty obtaining alcohol.”

From the evidence presented in court, control to prevent minors accessing the premises was “woeful at best. There was no control on the evening, it appears. This created an enormous risk.”

The Ndevu's, however, “were not personally selling alcohol. How much knowledge they had of what was going on is impossible to say. The court can only act on established fact.”

A cashier who was on duty on the night of the deaths previously paid an admission of guilt fine.

National Prosecuting Authority spokesperson Luxolo Tyali said on Friday the formal inquest into the 21 deaths is yet to commence at the Mdantsane regional court, “where it is expected that those who should be held criminally liable will be identified”.

TimesLIVE