The East
London Regional Court has found the Enyobeni Tavern owners, couple Siyakhangela
and Vuyokazi Ndevu, guilty of selling or supplying intoxicating liquor to
persons under the age of 18 years.
In a press release issued by the
NPA, the court ruled that the state successfully demonstrated beyond reasonable
doubt the culpability of the couple in selling alcohol to minors. Despite one
of the individuals not being physically present and the other denying direct
involvement in the sale of liquor on the tragic night of June 25-26, 2022,
wherein 21 young individuals lost their lives at their establishment, they were
held vicariously accountable for the offense.
The couple
had pleaded not guilty and took the witness stand in their defence. After
the state closed its case, the defence applied for a discharge, according to
Section 174 of the Criminal Procedure Act, but the prosecution successfully
opposed that application.
“To secure
the conviction, Senior State Prosecutor Tango Pangalela led evidence of nine
witnesses, including two minors who survived the tragic event.
“The court
agreed with Pangalela’s submission there was no age restriction considered for
access at Enyobeni, whatsoever and the owners failed to take reasonable steps
to ensure age restriction admission, in contravention of the Eastern Cape
Liquor Act,” said National Prosecuting Authority regional spokesperson, Luxolo
Tyali.
Additional
to evidence led by the state, is that of a neighbour of the Ndevu couple,
Eastern Cape Liquor Boards’ officials and the CCTV footage, taken from the
establishment on the fateful night.
The case
will be back in court on Friday, February 23, for arguments in aggravation and
mitigation of sentence.
Meanwhile,
the formal inquest into the deaths of 21 young people at the Enyobeni Tavern is
still to commence at the Mdantsane Regional Court.
