Enyobeni tavern report: children's right to protection from harmful effects of alcohol was compromised

Inadequate law enforcement to prevent the sale of alcohol to minors and to regulate liquor outlets have been cited by the South African Human Rights Commission (SAHRC) investigative report as factors in the Enyobeni tavern tragedy. 

The report into the deaths of 21 partygoers at a “pens down” event at the tavern in East London in 2022 was released on Thursday.

The commission found inadequate law enforcement of liquor regulations by the Eastern Cape Liquor Board (ECLB) and police. There was also insufficient oversight by the Buffalo City metropolitan municipality (BCMM).  

The national departments of trade & industry and social development were criticised for neglecting crucial legislative measures aimed at curbing alcohol abuse.

The SAHRC said there were violations of legal frameworks, including the 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,” read the report.

The investigation highlighted systemic failures in multiple sectors, including: 

• inadequate enforcement of liquor regulations by the ECLB and SAPS; 
• insufficient oversight and capacity in the BCMM to monitor compliance with zoning and building regulations; 
• delayed and opaque processes within the department of health regarding investigation findings and inquest proceedings; and 
• neglect by national departments in prioritising crucial legislative measures aimed at curbing alcohol abuse. 

The commission proposed targeted recommendations:

• the ECLB should place a moratorium on issuing on-site licences until the capacity for effective monitoring is bolstered and a follow-up done on peace officer status and ensure alignment with proposed legislative reforms; 
• the BCMM should enhance internal capacity-building through tailored training programmes for ward councillors and metro police officials;
• the BCMM should engage in community outreach to identify and address challenges posed by liquor outlets, prioritise the installation of recreational facilities and conduct audits to ensure compliance with liquor regulations and building standards;
• the BCMM should urgently establish local drug action committees in its jurisdiction; 
• national government departments should prioritise the re-tabling and enactment of critical legislative measures aimed at curbing alcohol abuse, ensuring alignment with international best practices and existing policy frameworks; and 
• the police should strengthen enforcement mechanisms to address violations of liquor regulations and collaborate with relevant authorities to ensure public safety and order.

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