A year after the death of 21 youngsters at the Enyobeni tavern in Scenery Park, East London, families of the victims still do not know exactly what killed their children and are pursuing a legal bid in a quest for justice.
The tragedy happened on June 26 2022, and it took two months for the families to be given the cause of death — suffocation.
The information was given in face-to-face interviews without any written report, to the dissatisfaction of the families.
This was despite a public announcement by the provincial health department that methanol‚ a toxic alcohol found in industrial solvents‚ fuels‚ fertilisers and many other products‚ was found in the blood of all 21 children.
There is no criminal case against anyone in relation to the deaths of the children.
Enyobeni tavern manager Siyakhangela Ndevu and owner Vuyokazi Ndevu are in court facing charges of selling or supplying liquor to people under the age of 18 and for conniving with and permitting employees and agents to sell or deliver liquor to people under the age of 18.
An inquest, an inquiry to ascertain the facts relating to an incident, has been launched and is awaiting the decision of the director of public prosecution (DPP) before a decision is made whether to proceed with a criminal case.
Families feel they have been let down by the state since no-one has been prosecuted in connection with the death of the youngsters.
Ntombizonke Mgangala, whose 17-year-old niece Sinothando Mgangala died at the tavern, said she believed the matter should have been handled differently.
“Government is failing us, as always,” Mgangala said.
“It is true that in SA if your family is not politically known, you will never be taken seriously.
“For example, if from those 21 children there was a political member’s child, we would never be in this darkness.
“We would be holding our results and someone would be held responsible for the tragedy.
“Now the owners are only charged for selling alcohol to minors. What about the criminal side of the incident?
“The owner continues with his business as usual; he has been selling empties yet the case is still in progress.
“Our justice system is really failing us, especially the poor; it’s really for rich people.”
Ntombinaye Velaphi lost her 20-year-old son Lithemba, who had been accepted to study journalism at Walter Sisulu University.
Velaphi said the death of her daughter had been a double blow as she had just lost her husband, who died on June 19.
“The last time we heard from government officials was when they attended the mass funeral,” she said.
Another parent, Neliswa Nzima, lost her only child Kungentando Nzima, who was an 18-year-old grade 12 pupil at Alphendale High.
Neliswa had rushed to Empilweni Gompo Health Centre to check on her daughter’s condition.
“I didn’t know she had died at Enyobeni. When I got to Empilweni her complexion was purple and foam was coming out of her mouth,” the heartbroken mom recalled.
“I grabbed her and tried to wake her up, but she did not respond. Eventually a nurse told me she had died. I did not trust what she had just told me.”
Nzima fainted and when she regained consciousness, asked again if her daughter had indeed passed on.
“The nurses told me again that she was no more and I asked to have another look at her body,” she said.
Lawyer for the families of the victims and some of the survivors, Buchule Fulanisi of Magqabi Seth Zita Inc, said the families had mandated his firm to assist with sourcing information that would otherwise be out of their reach, and to investigate the possible causes of the incident and advise them on any possible recourse.
“This quest for information is still ongoing,” Fulanisi said.
“Ours is a watching brief designed to safeguard the families and the survivors’ interests.
“The families and the survivors want to know exactly what happened on that fateful day and for those responsible to be dealt with in accordance with the law.”
Asked if the Eastern Cape Liquor Board had had any successful prosecutions in cases it had opened against outlets selling alcohol to underage children, spokesperson Dr Mgwebi Msiya said so far they had had only two criminal cases against outlets that faced allegations of serving alcohol to underage persons.
“These cases relate to the Enyobeni tavern and Razzmatazz tavern in Hofmeyr.
“We have consistently encouraged communities to report these cases to the Board and the police.”
Three patrons — two of them underage girls — died at Razzmatazz tavern on Christmas Day in 2022, allegedly trampled as patrons tried to flee from an unknown substance being sprayed.
The National Prosecuting Authority has denied claims that the Enyobeni tavern owners would not be criminally charged for the death of the children.
“Since the police investigations have not yet yielded evidence pointing to criminal culpability against anyone, the state is still pursuing other avenues towards ensuring that justice is done, NPA regional spokesperson Luxolo Tyali said.
“Should the inquest result in a decision for anyone to be prosecuted, the state will prosecute.”
“Government is failing us, as always. It is true that in SA if your family is not politically known, you will never be taken seriously. For example, if from those 21 children there was a political member’s child, we would never be in this darkness.
— Ntombizonke Mgangala
Provincial police spokesperson Colonel Priscilla Naidu said the inquest investigation had been completed in November 2022 and the docket sent to the DPP for a decision.
“The DPP has instructed that a formal inquest must be held — meaning that evidence will be heard in court and this formal process will determine whether anyone is criminally liable,” she said.
“The docket is with the regional court [senior public prosecutor] to set a date for the formal inquest.”
The families have lined up activities to commemorate the tragedy.
The commemoration will continue at Scenery Park Hall with speakers on the programme and the lighting of candles on Monday at 10am.
“It is our wish to do it annually,” Mgangala said.
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