Parents of Enyobeni victims are relieved that the inquest into the death of their children has, after several postponements, finally resumed. The inquest into the deaths of the 21 victims in Enyobeni Tavern has yet to conclude, two years after the ‘pens-down’ party turned into a tragedy.

The aim of the formal inquest, according to the regional spokesperson of the National Prosecuting Authority, Luxolo Tyali, is to establish if anyone can be held criminally liable, by commission or omission, for the deaths. The 21 teenagers, of whom the youngest was 13, died at the infamous tavern as they celebrated the end of the June school examinations. A total of 35 witnesses, including experts and eyewitnesses, are expected to give evidence.

On Monday at the Mdantsane regional court, the state led evidence from two witnesses. Ntombizonke Mgangala, an aunt to then 17-year-old Sinothando Mgangala said the first witness almost made her feel hopeless. “Firstly in the morning we were devastated that processes were not proper, with the magistrate not being here and even the witnesses were not sure who is doing what. The first witness made us hopeless because you could see that there is a lot that he is busy hiding or he is protecting, maybe the state or himself. It is with the second witness that we at least became much relaxed, much happier realising that the inquest has begun,” said Mgangala

The first witness was Constable Wandile Mzinjana, who has been stationed in Scenery Park for eight years. Mzinjana was the first officer to arrive at the scene. He told the court that a paramedic arrived at the police station with two children who had passed on while he was taking them to hospital from Enyobeni tavern. “A paramedic who identified himself as Goodwill, arrived at the police station at around 4 a.m., telling us that he was taking two children to hospital from the tavern but they were dead in the ambulance. He told us there were many others who fainted at the tavern,” Mzinjana said.

Mzinjana said he rushed with his assistant to the tavern, where they found the metal access door was locked. A woman who identified herself as Diko, a bouncer at the establishment, opened for them. On entering, they saw children lying on the floor, table and couches. Mzinjana said there were paramedics upstairs who told them they had declared fifteen persons deceased, excluding the two who died on the way to hospital.

When asked by the family attorney, Zilindile Magqabi, Mzinjana said he was familiar with the tavern and its location in Scenery Park, having patrolled there several times prior to the tragedy. He admitted that on December 21 and April 6 there were intervention meetings organised by the police station following complaints from the community about the tavern selling alcohol to minors.

This testimony follows a final investigative report by the Human Rights Commission into the systemic failures highlighted by the tragedy. The report reveals shortcomings in liquor regulation enforcement by the Eastern Cape Liquor Board, as well as police negligence in addressing community concerns about underage drinking.

The SAHRC’s report highlights that officers from the Scenery Park Police Station acknowledged being aware of complaints about the Enyobeni tavern and underage drinking as early as December 2021. The commission found that the SAPS did not fulfil its duty to protect the public and enforce relevant regulations, thereby contributing to various human rights violations related to the Enyobeni tavern tragedy.

In the report, the police station was directed to implement more assertive enforcement measures to ensure compliance with liquor regulations and noise nuisance bylaws. The report was admitted to court as a document of interest.

The second witness, Esona Bobani, rushed with one of the deceased, Kungentando Nzima, in the car of the tavern’s manager, Siyakhangela Ndevu, to Empilweni hospital. She told the court that weeks before the tragedy, posts advertising a DJ’s birthday party and a ‘pens down’ party to be held on the night of the incident at Enyobeni were circulating on social media.

The inquest is expected to continue until 24 July 2024.