Liquor board admits Enyobeni was a problem tavern

The Eastern Cape Liquor Board has admitted that Scenery Park’s Enyobeni Tavern, where 21 young people died in June 2022, was a problem from the get-go. 

On Thursday, at the Mdantsane regional court where an inquest into the deaths is in progress, attorney Vuyisile Magqabi, acting for the victims’ parents, cross-examined the liquor board’s head of licensing, Phumlani Tyali.

Tyali told the inquest the tavern’s first application for a liquor trading licence was rejected because the drinking area had no windows, and floor plans submitted were different from the premises when the board inspected it on January 18 2012.

Owner Vuyokazi Ndevu was said to have addressed the noncompliance matters and was granted the liquor licence in August 2012. 

Tyali said he interacted with the prospective taverners when they applied for their liquor licence, but follow-up inspections for annual renewals were a different matter.

“They do not necessarily do the inspections and when they renew they are only reminded of the licence terms and conditions.

“Inspections can be done by police or inspectors and the board has a working relationship with police.” 

Magqabi put it to Tyali that on February 27 2012, the original licence application was flagged for not meeting the board’s requirements.

Tyali said the inspector was responsible for ensuring the premises were compliant and the board depended on the inspector’s reports. 

The evidence leader, advocate Luvuyo Vena, asked Tyali what an inspector should do when they became aware of a transgression.

“He is supposed to report it. If there is noncompliance, the issue is elevated by the board for a decision. They can either suspend or revoke the licence,” Tyali said.

Vena asked Tyali if there was a reason no inspections were done during the licence renewal process.

He said: “It is one of the holes in our legislation. They are expected to pay their renewal fee before December 31 and if they fail to do so for another two months it is cancelled.” 

Vena led evidence of the liquor board’s senior inspector, Zuko Lizani, who carried out the tavern’s pre-inspection.

He found the designated drinking area had no windows and the floor plan had changed so the tavern premises did not match the details of the application.

“There were two doors on the ground plan. The main door faced the street and the second door took one out to the ablution facilities.”

However when they visited the tavern,  there was no door leading to the ablution facilities.

Lizani said: “It was altered. This means the establishment was renovated without consultation or permission from the municipality and liquor board.”

Vena asked how often Lizani inspected taverns in his jurisdiction.

He replied: “Per year, based on our budget, we inspect taverns and bottle stores that are reported to be problematic.”

Vena asked what the liquor board’s duty was when communities submitted complaints about taverns.

Lizani said they relied on police and municipal law enforcement to enforce the law, and on community structures to report problems. 

Vena said in December 2021, Lizani instructed police sergeant Thabisa Kondile to visit the tavern after he received complaints about noise and public drinking.

Kondile should have taken action when she found the tavern's owners  Vuyokazi and Siyakhangela Ndevu breaking the law. 

“In May 2022, a meeting with neighbours in the presence of police and the liquor board led to affidavits from the community about noise and public drinking.

“The complaints of loud music and people drinking until dawn fell under the municipality’s bylaw.”

Investigations were done based on the affidavits, but the complaints that led to them were not related to the death of the youths, he said.

“The affidavits only reached the liquor board on June 30, after the deaths.”

Lizani confirmed that between the time the affidavits were made and when they were submitted to the liquor board, the board took no action.

Vena put it to Lizani that the failure of the liquor board and the police to react to complaints led to the Enyobeni tragedy. Lizani was silent. 

Cross-examination continues on Friday.

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