The parents of 21 young people who died during a party celebrating the end of exams in June this year, were infuriated on Friday (25 November) as tavern owner Vuyokazi Ndevu and manager Siyakhangela Ndevu were formally charged only with selling alcohol to the underaged victims.
The pair has not been charged with causing the deaths of any of the youngsters — only for the selling of alcohol to minors and other charges relating to the transgression of liquor licence conditions.
This left many bereaved family members without a sense of justice for the deaths of their loved ones.
National Prosecuting Authority spokesperson Luxolo Tyali said, “We asked the court to postpone the case to 25 April. That is a prosecutorial strategy to ensure that when we go for trial we are ready.
/file/dailymaverick/wp-content/uploads/2022/11/MC-Enyobeni-March-Estelle_1.jpg)
“We need to be able to distinguish this case of selling liquor to underage persons and the one that everyone is interested in that relates to the deaths of the 21 children. That one is still under investigation and as soon as the docket is ready to be enrolled in court it will be enrolled.
Charges ‘laid according to evidence’
“When we enroll a matter we follow evidence… based on the information that is at our disposal.”
/file/dailymaverick/wp-content/uploads/2022/11/MC-Enyobeni-March-Estelle_4.jpg)
On Friday State advocate Tango Pangalele mentioned only the names of nine victims and one survivor. Parents demanded that their children should be included on the list. Ntombizonke Mgangala, Sinothando Mgangala’s aunt, said they are not happy with the postponement of the case:
“It is too far… if it was postponed to January it would have been better. But there is nothing we can do. All we want is to get justice for our children…. they only mentioned nine children in court yet we had 21 children who died there. Four of them were over 18. Where are the rest?
/file/dailymaverick/wp-content/uploads/2022/11/MC-Enyobeni-March-Estelle_2.jpg)
“They must tell us why they did not include the other children.”
The parents also called for those who caused the deaths of their children to be held accountable. The children mentioned in court are: Nathi Ngqoza (18), Bhongolwethu Ncandana (15), Sikelela Tshemese (18), Sinothando Mgangala (18), Asamkele Thukuthe (17), Esinako Sanarhana (17), Thembinkosi Silwana (14), Inamandla Wexu (16), Azizipho Zilindile (16), all deceased, and Sinomuhlali Akha (17 ) who is still alive.
Tyali said the charges were laid according to the evidence that they had.
“If the community feels that there was more they can bring us evidence… We call on everyone with evidence to assist… in investigating this case. It is in the interest of everyone to prove this case, but if people go around saying they have evidence but they don’t give it to authorities then we cannot give it to court.”
/file/dailymaverick/wp-content/uploads/2022/11/MC-Enyobeni-March-Estelle_3.jpg)
Parents, religious leaders and a group of young people from East London held a peaceful march from the East London City Hall to the East London Magistrates’ Court where the Ndevus appeared.
The parents submitted a memorandum to NPA and Buffalo City municipality officials. Parent Khululekile Ncandana, speaking during handing over a petition to the NPA, said more needed to be done to hold the owners accountable:
“We believe that they were ultimately responsible for the harm that was inflicted that night.
/file/dailymaverick/wp-content/uploads/2022/11/MC-Enyobeni-March-Estelle_5.jpg)
“Our children did not die of natural causes and with that we demand an inquest to be held. We now place our faith in the judicial system that will do all the necessary to get to the bottom of the incident of that evening.”
Mgangala said their petition to the Buffalo City municipality officials demands answers on why they allowed the Enyobeni Tavern to operate:
Visit Daily Maverick’s home page for more news, analysis and investigations
“How did they come to get a licence? Why did Enyobeni owners sell alcohol to underage children? The tavern did not have safety measures in place to deal with a situation like this.
“There is a failure to protect people from alcohol-related harm nationally… There appears to be corruption — people paying bribes to be left alone. Most communities feel completely disempowered and unable to do anything.”
Parents from Scenery Park said it was distressing for them to meet the Ndevus in the street. They want them to be held in custody before their trial.
“I want the law to take its course by putting those two suspects (the manager and the owner) behind bars, in custody until the court finalises the case,” Nomawethu Mboyiya said.
“They appear in court and after their appearance we meet them in the street. This does not look good to us as families who lost their children in that tragedy,” she added.
The families of the 21 insist that they still do not understand how their children died.
“My daughter had only one scar on her face… I am still struggling to understand what exactly killed her. That little scar can never kill my daughter,” Mboyiya said. “I want the truth of what happened in that tavern.”
The case against the owners has been postponed to 25 April 2023 for trial. DM
Parents, friends, religious leaders and other supporters march to East London Magistrates’ Court on 25 November 2022, calling for justice for the 21 young people who died in Enyobeni Tavern in June. (Photo: Hoseya Jubase)