On 15 October 2024, the High Court mandated the demolition of illegal structures on the property in Scenery Park, East London. The Court also prohibited the property from operating as a tavern unless it met all legal and regulatory conditions. The SAHRC views this ruling as a crucial step toward protecting vulnerable communities from illegal and unsafe operations. Our report, which was presented during a recent inquest, emphasised these systemic failures and called for immediate action.

In the Enyobeni Final Report, we identified significant violations of zoning, building regulations, and liquor licensing, which contributed to the disaster. We commend the Buffalo City Metropolitan Municipality (BCMM) for its decisive actions through the High Court to enforce compliance, demolish unauthorised structures, and prevent further illegal activities on the premises. The ruling, issued by the Honourable Acting Justice Nkele, requires the building to be demolished within 90 days, with provisions for the Sheriff’s involvement if necessary to ensure compliance.

In response to the SAHRC's recommendations, key stakeholders have made considerable progress:

• The Eastern Cape Liquor Board (ECLB) has initiated training programs for Ward Councillors and signed Memorandums of Understanding with local authorities to strengthen enforcement measures. Their ongoing efforts include designating peace officers and implementing a 500-meter proximity rule near schools, which are vital steps toward preventing similar tragedies.
• The BCMM has intensified its enforcement of liquor regulations by issuing Section 19 Notices to illegal liquor traders and consulting with Ward Committees on liquor license applications. These actions promote greater transparency and community involvement in regulating liquor outlets.
• The South African Police Service (SAPS) has partnered with the ECLB to conduct weekly awareness campaigns on alcohol abuse and compliance with liquor laws, aiming to foster a safer public environment.
• The Department of Basic Education (DBE) continues to warn students about the risks associated with "Pens Down" celebrations, emphasizing responsible behaviour to prevent underage drinking and other dangerous activities, in line with the SAHRC’s recommendations.

However, the SAHRC is still awaiting responses from national departments, including the Departments of Trade and Industry and Social Development, regarding the legislative gaps identified in our report, particularly concerning the Control of Marketing of Alcoholic Beverages Bill and the Liquor Amendment Bill.

The SAHRC urges all stakeholders to strengthen their efforts to enforce municipal by-laws and national regulations to prevent future tragedies. The establishment of Local Drug Action Committees remains a priority for enhancing community safety and public health. Additionally, the SAHRC advocates for public access to liquor license information to promote transparency and accountability.

The Commission remains committed to monitoring the implementation of the court order and ensuring that regulatory compliance is upheld to protect the rights and safety of all citizens.

ENDS

For further information or inquiries, please contact Zukiswa Mqakanya at This email address is being protected from spambots. You need JavaScript enabled to view it. or Dr Eileen Carter at This email address is being protected from spambots. You need JavaScript enabled to view it. or 0726389016.  

Issued by the South African Human Rights Commission