Police failures partly to blame for disaster that left 21 dead at Enyobeni tavern, court told

A police officer meant to enforce liquor laws on Wednesday admitted that if she, her superiors, or the Eastern Cape Liquor Board had taken action against the operators of the Enyobeni tavern, the tragedy that left 21 young people dead in June 2022 could have been prevented. 

Scenery Park police sergeant Tabisa Kondile told the inquest into the tragedy — being held in the Mdantsane regional court — she had failed to arrest Enyobeni tavern licence holder Vuyokazi Ndevu for contravening her liquor licence conditions six months before the tragedy. 

Kondile conducts liquor and firearm inspections.

Vuyokazi’s husband, tavern manager Siyakhangela Ndevu, asked Kondile what she should have done when she found them not following the licence requirements. 

Kondile said: “I ordered Mrs Ndevu to lower the music which she did.

“There was nothing else I could do because she obeyed my order. I could not call for backup because there were no vehicles available.” 

Ndevu said: “The sergeant is a law enforcement officer and she should have charged the owner.”

Kondile said when she visited the tavern on December 18 2021, the street was packed with patrons, with no parking available.

Ndevu asked how she knew the people were tavern customers. 

“You could see patrons were coming from the tavern with alcohol,” she responded.

Magistrate Mvuselelo Malindi asked why Kondile did nothing when she found the Ndevus breaking the law.

Kondile said: “I asked Ndevu to visit me at the police station on December 20 and she never came. When I was there, I couldn't do anything because I did not have backup.”

Kondile said when the tavern owner did not come to the station she reported it to her superiors, including the Eastern Cape Liquor Board’s Zuko Lizani. 

“Those superiors did nothing,” Ndevu charged.

Vuyisile Magqabi, attorney for the victims’ parents, cross-examined Kondile, who admitted to police failures and others by those who were meant to enforce the law, including the liquor board. 

Kondile said: “If action had been taken immediately the tragedy would have been prevented. I am aware I should have made an arrest.”

Evidence leader advocate Luvuyo Vena questioned Phumlani Tyali, head of the liquor board’s licensing division, who said that on December 2 2011, the licence application was lodged and published in the gazette on December 12.

“On July 22 2012 a meeting was held with the then community councillor ... on August 23 the licence was granted.”

Tiyali said the board relied on the councillor’s testimony on behalf of the community.

He confirmed that Lizani was the inspector and ran an authenticity check before the licence was granted.

“There are terms and conditions that are read by the licence holder that he or she signs for.” 

Vena read out the licence requirements, which included no loud music heard beyond the establishment’s demarcated area, and the licence holder being responsible for the safety of its patrons.

Tyali said the original tavern structure when the application was lodged  was different from the one in June 2022, by which time an upper structure had been added.

“You are not allowed to make modifications to the structure without the board receiving proof of consent from municipal officials and notifying the board,” Tyali said.

Vena asked if the licence remained valid if the tavern structure had been modified.

Tyali responded: “It would be invalid.”

He said when the licence was issued the tavern had had two doors.

Vena said the municipality disapproved of the fact the tavern structure was to be used for business because it was a residential structure. 

Tyali said for events to be held approval was needed from the municipality and the liquor board. 

“Every licence has various guidelines for on and off-site consumption. In our offices, there are guidelines written in both English and the vernacular.”

Tyali faces cross-examination on Thursday. 

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