The legal representatives representing the families of the 21 young people who perished in Enyobeni Tavern two years ago say they will file an application for the magistrate in the Enyobeni inquest to oppose the demolition of the tavern structure.
The Buffalo City Metropolitan Municipality (BCMM) was recently granted an order by the East London High Court to demolish the Enyobeni Tavern in Scenery Park. In its application for demolition, the metro cited challenges of zoning, the structure’s condition, and its business license.
Speaking on the sidelines of the Enyobeni inquest in Mdantsane on Tuesday, Vuyisile Magqabi, the attorney of the families, said they are challenging the court ruling because it will affect the investigation. “We will issue an application to have the court ruling overturned as it will affect this investigation. The municipality did not even make an announcement inviting interested parties to comment or to possibly oppose the application.”
The parents are unhappy about the move to have the building demolished. “The municipality is obviously running away from taking accountability as it was found to be at fault by the Human Rights Commission. We told them, we don’t want the establishment destroyed as that will stand in the way of the investigation. We asked the retired district commissioner leading the case to write to the municipality about the matter at the beginning of the investigation,” Xolile Malangeni said. Malangeni is father to the deceased Esinako.
Earlier this year, findings by the Human Rights Commission after investigating the Enyobeni saga found the municipality to have been negligent for failing in its obligations, particularly in relation to zoning regulations and monitoring of liquor licence applications. “BCMM’s confirmation that the Enyobeni Tavern was not zoned as a business raises concerns about the municipality’s oversight of zoning laws, building regulations and community concerns,” the report states. The commission found these failures by the municipality directly infringed the right of the tavern’s neighbours to a safe and healthy environment.
BCMM spokesperson, Samkelo Ngwenya said the municipality welcomed the court ruling and would carry out the demolition of the tavern according to the terms set by the court order. “We are aware that the law allows various rights to appeal. However, we are hopeful that this will not be the case and that the order will be adhered to by the owners within the stipulated period,” said Ngwenya.
After the tragedy, the owners of the tavern were served with a notice from the Buffalo City Metro for the demolition of their Scenery Park premises. The metro said the tavern structure is illegal. “It was found that there was no building plan approved and therefore the building was constructed illegally,” said Ngwenya. The plot of land on which it was built, he added, is zoned for residential purposes only, requiring then that business taking place there cease and the illegal structure be demolished.
Siyakhangela Ndevu, manager and husband to the tavern owner, Vuyokazi Ndevu, said they have not received any correspondence and are unaware of such a decision. “I don’t know about the demolition, however if they wish to do so they must – I have no intentions of opposing it. That is my house built with my own money, the municipality did not contribute. Am I the only person whose structure is not approved? They must go ahead,” said the emotional Ndevu.
Ngwenya was quick to dismiss the claims by Ndevu that he was not aware that the house will be demolished. “We were in court with them for two years on this matter,” said Ngwenya.
On Tuesday, legal counsel led by witness Thembisa Diko, conducted an inspection in loco at the tavern to assist the magistrate to understand the scene where the tragedy took place, taking into account the structure of the tavern, where the deceased were found, and how survivors escaped the same fate.
Diko, a bouncer on the night in question, is a potential suspect. She was subpoenaed to testify at the inquest in Mdantsane as she had made three conflicting statements about the use of pepper spray. According to a previous prosecutor, advocate Mathaise Kgatwe, Diko said she was in possession of a pepper spray, and in a second statement that she had no pepper spray, and in her third statement, that she used the pepper spray she was in possession of.
In the conclusion of her testimony this week, Diko told the court that after the incident, the Ndevus held a meeting with the tavern’s staff where they were told not to mention the use of the pepper spray to the police. This resulted in her giving three different statements.
Siphamandla Dali, who was working with Diko as a bouncer on that night is the eleventh witness to take stand.
