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HRC report on Enyobeni tragedy damning

26 Apr 2024

In a scathing rebuke of local, provincial and national government entities, the SA Human Rights Commission has given police, Buffalo City Metro, provincial liquor board and health department between one and three months to rectify issues it found contributed to violations of fundamental human rights in the Enyobeni Tavern tragedy. "This report ... underscores a sobering reality ... What is urgently needed is a fundamental shift in how we, as a society, approach alcohol consumption and regulation," said commissioner Nomahlubi Kwinana.
"It is evident that parents often have limited oversight over their children, who tragically end up frequenting taverns and becoming victims of alcoholrelated harm." The commission found failures had played a role in the Scenery Park tragedy where 21 young people lost their lives nearly two years ago. In its lengthy report tabled in East London yesterday, the commission found the Eastern Cape Liquor Board, despite acknowledging severe human capital challenges, persisted in issuing liquor licences without the capacity to monitor and enforce compliance. The municipality was found to have failed to fulfil its obligations in relation to zoning regulations, monitoring of liquor licence applications, and the establishment of a local drug action committee LDAC . Scenery Park police station officers were deemed to have failed in their duty to protect public safety and uphold rele vant regulations, despite being aware of complaints from residents about the tavern. Kwinana said initial reports suggesting methanol poisoning as cause of death, later refuted, followed by emergence of suffocation due to overcrowding as purported cause, created confusion and distress among the affected families. The national departments of social development and trade and industry also failed to prioritise improving legislation that could have protected the lives of the victims and others affected by alcoholrelated harm. The commission gave the liquor board 30 days to answer how it would address the recommendations which included a moratorium on issuing onsite licences. It gave the metro three months to come up with ways to address recommendations which include the establishment of a LDAC, recreational facilities, identifying illegal liquor outlets, business zoning and building regulations. SAPS was directed to ensure compliance with liquor regulations and noise nuisance bylaws. Municipality spokesperson Samkelo Ngwenya said they are "engaging in a number of litigations and legal processes on the violations related to transgressions of its bylaws towards Erf no 37300 in Scenery Park and its owners". Liqour Board spokesperson Msiya Mgwebi said its legal team was still studying the report.

Source: DisptachLIVE

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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