The Enyobeni inquest will resume on 28 October when more witnesses are expected to testify. On Friday, the Enyobeni bouncer became too emotional to continue giving evidence. The evidence leader, Advocate Luvuyo Vena recommended that Thembisa Diko consult with a psychologist.

Thembisa Diko, a bouncer at the tavern on the fateful night that claimed the lives of 21 young people at Enyobeni Tavern, told the court that people were choking, falling and dying before her eyes. “When I returned to the upper level of the tavern from buying a carry pack, three minors entered the area and were complaining of choking. I asked what was choking them because I could not smell anything. During this someone came with water, however in the manner in which they were choking they were also losing strength and could not breathe properly.

“They fell and I thought they had fainted so I sprinkled them with water and tried to wake them up but they did not respond. There was one girl who was by the DJ booth and was conscious. I tried to enquire from her but she just fell in front me and that was the end of her life,” the emotional Diko said. During this ordeal, she said the staff of the tavern were nowhere to be found.

A cleaner at the tavern, Ntandazo Maqoma earlier in the week had painted a picture of how patrons were choking, breaking windows to escape. Maqoma is one of the employees who removed bodies and tried to wake some of them up. He mentioned the use of pepper spray by a bouncer in the crowded tavern.

Bouncer’s pepper spray in question

Diko is the tenth witness to give evidence, to determine if anyone should be held liable for the deaths of 21 youngsters, aged between 13 and 21, at the tavern more than two years ago. Unlike previous witnesses, Diko is now a potential suspect.

Speaking outside the court, the state attorney Advocate Luvuyo Vena said, “In the inquest there is no suspect, all are witnesses. However, Ms. Diko and the Ndevu couple who are owners of the tavern are potential suspects; hence the Ndevu couple are given an opportunity to ask all witnesses questions. After all witnesses have testified including them, the court will decide if they should be held liable for the deaths and then they will be prosecuted.”

Diko made three conflicting
statements concerning
the pepper spray

Diko was subpoenaed to testify in the inquest as she has made three conflicting statements. Last year, a postponement was necessary to allow Diko to appoint a legal representative.

During a postponement, the prosecutor who was set to lead evidence, Advocate Mathaise Kgatwe told court, “The witness was a bouncer and has statements where she said she was in possession of a pepper spray, a second statement where she said she had no pepper spray, however in her third statement she testified to have used the pepper spray she was in possession of,” Kgatwe said. Diko may face charges of perjury.

Enyobeni Tavern in Scenery Park where 21 teenagers died on 26 June 2022. Photo by Chwayita Dinginto

A previous witness this week, Nalo Mtizana in her testimony told court that they were pepper sprayed. “Siphiwe and I wanted to go to the toilet downstairs but we could not proceed further, we were stuck in the stairs as it was packed and people were pushing. Others wanted to go upstairs while others wanted to go downstairs. During this I felt a spray gun. My eyes and nose were immediately itchy,” she said.

Mtizana lost two of her friends, Inathi Nkani and Oyena Ngoloyi. The cause of death of the two has been revealed to court by the attorney of their families. Nkani died from a swollen brain while Ngoloyi died from kidney failure, bleeding heart and swelling of the brain.

While various witnesses testified about the use of the pepper spray, Diko has told the court that she only used the pepper spray soon after her arrival on duty. “After I had arrived at 4 p.m., there were people coming to the tavern including minors. We searched them and allowed those eligible to enter but not the minors. However, the minors forced entry; I could see we were going to be injured as they were pinning us against the wall; I took out a pepper spray and used it.”

Diko said the pepper spray did not work to deter the crowd from pushing inside the tavern. She told court due to the force entry, she and her colleague abandoned their duties as bouncers to join the party leaving the door unattended.

The inquest is set to continue, as more witnesses are expected to testify, including experts. An exact number of witnesses cannot be determined at this point as more witnesses who are currently not scheduled by the court may be called to testify as led by evidence.