East London – The courtroom at East London magistrate court was filled with tension on 25 October 2023 as the trial of Mr Siyakhangela Ndevu and his spouse Vuyokazi Ndevu the owners of Enyobeni tavern unfolded. The couple stands accused of allegedly selling alcohol to minor children. This follows a tragic incident that occurred on Sunday, 25 June 2022, at Scenery Park, where 21 teenagers lost their lives, with 18 of them being under the legal drinking age.
In his defence, Ndevu told the court that his business had initially catered for the elderly, selling Chibuku a type of Umqombothi since its establishment in 2011. However, as the tavern underwent renovations, including the introduction of fancy furniture and lighting, it eventually became an attraction for the youth. It was during this period that they expanded their alcohol selection, which seemed to appeal to the younger crowd.
In 2022, they claim to have introduced a policy requiring patrons to present identification (ID) cards upon entry. They also briefed and educated their staff on the importance of checking IDs each time a customer entered the premises.
“I am aware of my duties and responsibilities as a tavern owner, but I cannot tell if a child is 18 years old by their appearance, especially with their weaves, long nails and lashes on, hence, I introduce the two options; its either they provide their ID’s or they go home,” said Siyakhangela Ndevu Enyobeni tavern owner.
Ndevu emphasized that they have maintained and implemented all necessary precautions to prevent the sale of alcohol to minors. Their defence argues that they had signatures on the premises that indicated that no minor should be allowed inside.
“I do not feel right,” Mrs Ndevu when asked by the prosecutor how it made her feel the death of the children in her establishment. She continues, “We did have signs that said no under 18’s, no pregnant woman and no weapons are allowed inside, the reason it could not be found or seen in pictures could be that it fell during the day of the incident because of the stampede.” Ntombizonke Mgangala who is an aunt to one of the deceased, 17 year old, refuted the claims by the Enyobeni couple. “The apology is fake because we all know that he does not mean anything he says he only said it because he was forced under oath if he really wanted to apologise, he would have come to us from day one but the first thing he said was he had nothing to do with the death of the children,”
The trial is expected to continue on the 29 of November 2023 as witnesses are still called to testify. The fate of the Ndevu’s also serves as a precedent for the responsibility of business owners in preventing underage drinking.
The NPA seem to be happy with the progress of this case, according to their Regional Communications Manager, Luxolo Tyali. “We are glad that we are making progress in this case and the defence has called two witnesses who are the main witnesses to this case because they are the accused, after their cross-examination, we were able to poke holes in their defence and when the matter returns on 29 November 2023 justice will be served,” he said.
As the trial progresses, the community eagerly awaits justice and hopes that lessons will be learned from this tragedy to prevent similar incidents in the future.
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