The Commission notes the Court’s finding that the deaths were brought about by acts or omissions involving or amounting to an offence on the part of Sergeant Thabisa Kondile of the South African Police Service, Vuyokazi Ndevu, the tavern owner, Siybulela Ndevu, Thembisa Diko and Eastern Cape Liquor Board inspector Zuko Lizani. The Commission further notes the Court’s direction that the record of the proceedings be submitted to the Director of Public Prosecutions once the complete transcript has been prepared. While these findings do not in themselves constitute criminal convictions, they represent a significant basis upon which the prosecuting authority may consider whether further criminal proceedings should be instituted.

The Court’s findings are aligned in material respects with the findings contained in the Commission’s Final Investigative Report, titled Enyobeni: A Sobering Account (accessible via https://www.sahrc.org.za/home/21/files/ENYOBENI%20FINAL%20REPORT.pdf) The Commission’s investigation did not determine criminal liability, but examined the broader regulatory, institutional and human-rights failures that created an environment in which the tragedy was able to occur, which included failures by the Eastern Cape Liquor Board and SAPS.

The Court’s criticism of the failure by a SAPS official to follow up on complaints, together with its findings concerning the tavern’s owner, manager, security personnel and an Eastern Cape Liquor Board inspector, reinforces the central conclusion of the Commission’s investigation, that the Enyobeni tragedy was not the product of a single isolated failure, but arose within a broader environment of regulatory weakness, inadequate enforcement and institutional inaction.

The Commission reiterates that accountability for the Enyobeni tragedy must extend beyond the consideration of individual criminal responsibility. Urgent systemic and legislative reform remains necessary to prevent a recurrence. In its report, the Commission expressed serious concern that the Control of Marketing of Alcoholic Beverages Bill and the Draft Liquor Amendment Bill had languished without significant progress for almost a decade, despite their potential to strengthen restrictions on alcohol marketing, improve controls over the sale and distribution of alcohol, protect children and reduce alcoholrelated harm. As a next step, the Commission will seek urgent engagements with the Minister of Trade, Industry and Competition and the Minister of Social Development, within their respective mandates, to secure a clear and time-bound process for reviewing, updating and advancing the Control of Marketing of Alcoholic Beverages Bill and the Draft Liquor Amendment Bill through the necessary executive and parliamentary processes.

These engagements will seek clarity on the present status of both Bills, the procedural steps that remain outstanding and the timeframes within which they will be revived and progressed

The continued delay in strengthening the legislative framework raises serious concerns regarding the prioritisation of public health, community safety and the constitutional rights of children over commercial interests associated with the liquor industry. 

Ends

Issued by the South African Human Rights Commission