As families of the 21 children who were victims of the Enyobeni tavern tragedy marched to the East London regional court pleading for a speedy court process, the owners of the establishment appeared in the dock and pleaded not guilty to selling the children alcohol on the fateful Saturday evening in July.
The grieving parents’ hopes were dashed on Friday when the case was postponed to April for trial.
But the NPA says it has a strong case against tavern owner Vuyokazi Ndevu and her husband Siyakhangela.
The couple, who own the infamous establishment in Scenery Park, face two charges of contravening the Liquor Act.
They are facing charges of selling or supplying liquor and conniving with and permitting employees and agents to sell or supply liquor to people under the age of 18.
The state alleges the accused connived and permitted their employees Xoliswa Duma and Sivuyile Ngamlana to sell liquor to the under-age victims.
The Ndevus on Friday pleaded not guilty to the charges and the court postponed the matter for trial on April 25.
Speaking on behalf of the parents, Ntombizonke Mgangala, victim Sinothando Mgangala’s aunt, said: “I knew they were not going to plead guilty, because previously they were not remorseful about what transpired with the children.
“We are not happy about the date set, because the case is traumatising us. We will be spending the Easter weekend without knowing the verdict of the case yet.”
Mgangala said the parents were not happy about the authorities only mentioning nine children from those who died at Enyobeni, instead of all 21.
“We are not happy with the list. Why were there children left out? What did they do with the other names? We want answers,” she said.
National Prosecuting Authority spokesperson Luxolo Tyali said: “Another leg of the case which relates to the death of 21 is still under investigation by the police, which is prosecutor-guided.
“The NPA views that case in a very serious light and has assigned senior prosecutors to guide the investigations as mandated by the constitution, to ensure that the evidence needed to bring those criminally liable for the tragedy are prosecuted and face the full might of the law.”
Tyali said the families of the children, some under-age, the affected community and South Africans at large were anxious to see justice served for the children who died in such tragic circumstances.
He said the NPA was committed to a victim-centred approach that prioritised justice for crimes committed against the most vulnerable in society, especially women and children.
Parents and community members of the victims handed over a memorandum to the NPA demanding the owners of the tavern be held accountable for both selling alcohol to under-age children and the deaths of the 21.
“The memorandum of demands from the concerned families and the civic organisations has been accepted by the prosecution with the commitment that, as per the NPA mission, the case will be pursued without fear, favour or prejudice.”
One of the parents, Khululekile Ncandana, said: “It’s been hard, it’s not been easy. For 21 children to die and then things just go back to normal, it doesn’t happen like that.
“It’s not been easy for us, but we are praying people; we pray to God to give us strength so that whenever we come to court, we come as a team, we come in unity as parents to see justice done for our children.” .
The Eastern Cape Liquor Board said it trusted the justice processes would go along the correct route, and they were looking forward to a stiff sentence.
Board spokesperson Dr Mgwebi Msiya said: “We have made sure that the liquor outlet remains closed until the case is over. We can assure everyone that our motive is to close it down permanently.”
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