A former police brigadier who headed the task team that investigated the Enyobeni tavern tragedy has testified that CCTV cameras showed pepper spray was used in the poorly ventilated venue by a bouncer who was struggling to prevent an influx of customers into the overcrowded establishment.
On June 26 2022, 21 youngsters, one as young as 13, died in the East London tavern.
Mxolisi Mqotyana told the Mdantsane regional court on Tuesday that footage showed tavern manager Siyakhangela Ndevu controlling the queue to the cashiers. Ndevu earlier claimed he was nowhere near the tavern on the night.
Mqotyana believed there were several by-law infringements.
The videos clearly indicated some patrons were underage, said Mqotyana, who is now a candidate attorney.
“The structure was not in compliance with Eastern Cape Liquor Board [regulations]. There was only one entrance.
“We also notified there was no ventilation on the ground floor and there were no fire extinguishers.”
It would have made a big difference if there was extra ventilation and [another] door because when there was overcrowding it would have provided an alternative exit.
— Former police brigadier Mxolisi Mqotyana
The tavern also did not comply with its licence conditions to close at 2am.
Mqotyana said from his observations and through the investigation, there appeared to have been negligence on the part of Ndevu, his wife and the bouncer who sprayed pepper spray.
“I submitted [my findings] to the director of public prosecutions, thinking they would be charged with culpable homicide.
“It would have made a big difference if there was extra ventilation and [another] door because when there was overcrowding it would have provided an alternative exit.”
Video footage showed someone drop to the ground and other people starting to collapse at about 2.15am.
The footage also showed patrons looting clothes, weaves and shoes from the deceased, he said.
A separate case of theft was opened, resulting in the arrest of four suspects who are on trial. The looters were not linked to the deaths.
The inquest is being held to determine if anyone should be held criminally liable for the tragedy.
National Prosecuting Auhtority spokesperson Luxolo Tyali previously said the decision not to prosecute was made due to insufficient evidence “because investigations did not clearly show what caused the deaths”.
Ndevu and his wife, tavern owner Vuyokazi Ndevu, were fined R5,000 or 100 days’ imprisonment in February for selling alcohol to a minor after a 17-year-old testified against them in the East London regional court.
A damning South African Human Rights Commission report, released in April, found fundamental human rights violations had contributed to the tragedy, and pointed at police, Buffalo City Metro, the Eastern Cape Liquor Board and the health department, saying their failures had all played roles in the tragedy.
The report was submitted as evidence.
The cause of the patrons' deaths has not been conclusively stated. Methanol was detected from toxicology reports but whether this was at lethal levels is unclear. Initial reports which suggested the deaths may have resulted from carbon monoxide poisoning or suffocation, resulting from a stampede, have been ruled out.
The inquest continues.
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