Court finds prima facie case after Enyobeni tavern deaths of 21 young people

A magistrate has found there is enough evidence to prosecute over the deaths of 21 young people who died at the Enyobeni tavern, the long-running inquest revealed on Friday.

Ruling and immediate consequences

Magistrate Mvuselelo Malindi handed down the ruling at the Mdantsane Regional Court, finding prima facie evidence for criminal prosecution. The inquest’s findings will be referred to the National Prosecuting Authority, which will decide whether to institute prosecutions.

Who the inquest singled out

The magistrate found Sergeant Tabisa Kondile to have been grossly negligent for failing to follow up on complaints about the tavern’s contravention of liquor trading laws a month before the tragedy. The magistrate said Kondile had failed the Scenery Park community.

The inquest also found that tavern owners Siyakhangela and Vuyokazi Ndevu failed to enforce liquor laws at their establishment.

What happened at Enyobeni

The 21 victims, aged between 13 and 21, died at the Enyobeni tavern in KuGompo City, formerly East London, on the night of 26 June 2022 after gathering for a “pens down” party. State forensic pathologists determined the cause of death to be crush asphyxiation, brought on by extreme overcrowding and insufficient ventilation inside the packed venue.

Evidence, testimony and earlier theories

More than 30 witnesses gave evidence over nearly two years as the inquest sought to determine criminal liability by commission or omission. Early speculation about poisoned or counterfeit liquor, including initial reports of traces of methanol, was rejected by expert testimony presented to the inquest.

During hearings Kondile said she had confronted Vuyokazi Ndevu over licence violations but took no formal action.

“I asked Ndevu to visit me at the police station,” Kondile said.

Calls for broader accountability

Evidence leader Luvuyo Vena argued in closing that several parties should face criminal charges, naming the liquor board, one of its inspectors, the Ndevus, former bouncer Thembisa Diko and Kondile.

“It seems like the Ndevus got away with everything,” Vena said at the time.

Previous convictions and court orders

The Ndevus were previously convicted of selling or supplying liquor to persons under 18 and fined R5,000 each or 100 days in prison. In October 2024 the High Court ordered the demolition of illegal structures on the property and prohibited it from operating as a tavern unless it met all legal and regulatory conditions.

Next steps

With the magistrate’s finding of prima facie evidence, the matter moves to the National Prosecuting Authority for a decision on whether to bring criminal charges.