Friends and family attend the mass symbolic funeral service for the 21 children who died at the Enyobeni Tavern in Scenary Park on July 06, 2022 in East London, South Africa.(Photo by Felix Dlangamandla/Daily Maverick/Gallo Images via Getty Images)
The South African Human Rights Commission says there is a greater need for alcohol regulation and frameworks to ensure the safety of children, in the wake of the Enyobeni Tavern incident that claimed 21 young people’s lives in Buffalo City in 2022.
The commission on Thursday published its final investigative findings into the tragedy, which named multiple entities for inefficiencies that contributed to the deaths.
It said the Eastern Cape Liquor Board and the South African Police Service had failed to address community complaints and enforce regulations adequately, noting that at the time of the tragedy, there was only one inspector for every 470 taverns in East London.
The Eastern Cape Liquor Board employs 23 inspectors, but the ideal number of inspectors needed to ensure enforcement should be about 35 to 40. The commission said the lack of capacity was a major concern.
It also said the Buffalo City metropolitan municipality had poorly monitored compliance with zoning and building regulations and that the department of health was slow and opaque in its investigation findings and inquest proceedings. Other national departments neglected to prioritise crucial legislative measures aimed at curbing alcohol abuse, it added.
The incident occurred on 25 June 2022 at the tavern in Scenery Park, East London, where young children aged 13 to 21 met to celebrate the end of the school exam period.
The following day, 21 children were reported dead at the scene. Initial reports suggested the deaths may have resulted from carbon monoxide poisoning or suffocation resulting from a stampede, but these assumptions have been ruled out and a formal inquest into the exact cause of death is pending.
The owners of the tavern, Siyakhangela and Vuyokazi Ndevu, were convicted in February of selling alcohol to minors and fined R5 000 or 100 days of imprisonment.
The commission is not mandated to investigate the criminal liability of the incident, but instead seeks to bring to light legislations and systemic issues such as harmful alcohol consumption that enabled the incident to occur in the first place and provide recommendations to prevent such incidents from happening again.
The commission recommended that the sectors should enforce mechanisms that prioritise reform and efficiency at all levels.
It said Buffalo City should implement training programmes for ward councillors and metro police officials to enhance internal capacity-building, and members of the municipality hold discussions with residents to address concerns about liquor outlets, and prioritise the installation of recreational facilities.
It also recommended that the municipality conduct audits to ensure that sites are compliant with liquor 3 regulations and building standards and that the Eastern Cape Liquor Board ban the issuing of on-site licences until it has more capacity to monitor sites efficiently.
National departments must re-table and enact critical legislative measures aimed at curbing alcohol abuse to ensure alignment with international best practices and existing policy frameworks, it added.
Furthermore, the police should strengthen enforcement mechanisms to address violations of liquor regulations and collaborate with relevant authorities to ensure public safety and order.