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The SA Human Rights Commission (SAHRC) has found numerous human rights violations relating to the deaths of 21 teenagers at the Enyobeni tavern in Scenery Park in East London almost two years ago. The commission made several damning findings against the SA Police Service (SAPS), the Eastern Cape Liquor Board (ECLB), the Buffalo City Metropolitan Municipality (BCMM) and government departments.
On Thursday, the SAHRC’s Eastern Cape provincial office released its final investigative report into the systemic challenges associated with this tragedy. The 86-page report revealed shortcomings in the liquor regulations enforcement by the ECLB as well as police negligence in addressing community concerns about under-age drinking. The SAHRC also criticised the departments of trade and industry and social development for neglecting important legislative requirements to combat alcohol abuse among young people.
READ: Enyobeni Tragedy: Parents still reeling as tavern owner insists he is innocent
The report further found against the BCMM for inadequate oversight and monitoring of zoning and building regulations compliance.
The report stated:
The commission's Eastern Cape manager, Eileen Carter, released the report at the Chandler’s Guest House in East London. Carter said they recommended that the ECLB should consider implementing an immediate moratorium on issuing new on-site liquor licences until adequate resources are allocated to ensure thorough compliance with existing regulations.
Enyobeni tragedy
On 26 June 2022, a group of youngsters aged between 14 and 20 died at the tavern while celebrating the end of exams, commonly known as "pens-down parties".
The teenagers' bodies were discovered on the floor and tables, with the youngest victim being only 13.
After a two-month investigation, the provincial health department revealed that the youths had either been crushed or suffocated to death due to overcrowding, according to a toxicology report.
The tavern's owners, Siyakhangela and Vuyokazi Ndevu, were convicted in February for selling alcohol to minors and fined R5 000 or 100 days of imprisonment.
Role of police
The SAHRC's report highlighted that SAPS officials from the Scenery Park Police Station acknowledged being aware of complaints about the Enyobeni tavern and underage-drinking as early as December 2021. Further complaints were lodged with the police over the years. The commission found that SAPS did not fulfill its duty to protect the public and enforce relevant regulations, thereby contributing to various human rights violations related to the Enyobeni tavern tragedy.
The report stated:
“Failure to enforce these regulations effectively may indicate systemic deficiencies in training or oversight within the agency. SAPS officials from the Scenery Park Police Station confirmed that they were aware of complaints against the Enyobeni Tavern as far back as December 2021 after which several further complaints over the years were lodged with SAPS officials.”
• ECLB - Implement a moratorium on issuing on-site licenses until capacity for effective monitoring is bolstered. Follow up on peace officer status and ensure alignment with proposed legislative reforms.
• BCMM - Enhance internal capacity building through tailored training programmes for ward councillors and metro police officials. Engage in community outreach to identify and address challenges posed by liquor outlets, prioritize the installation of recreational facilities and conduct audits to ensure compliance with liquor regulations and building standards. Urgently establish Local Drug Action Committees (LDACs) within its jurisdiction.
• National departments - 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.
• SAPS - Strengthen enforcement mechanisms to address violations of liquor regulations and collaborate with relevant authorities to ensure public safety and order.
Department of health
The commission also found that the department of health's handling of the Enyobeni tragedy resulted in violations of the right to dignity of the victims' families. The report highlighted that the initial reports of methanol poisoning as the cause of death, later proven false, followed by the emergence of suffocation due to overcrowding, caused confusion and distress among the affected families.
The SAHRC further noted that the repeated postponement of formal inquest into the deaths prolonged the agony and uncertainty for the bereaved families, which worsened their suffering.
