"This ... underscores a sobering reality ... What is urgently needed is a fundamental shift in how we, as a society approach alcohol consumption and regulation," SAHRC commissioner Nomahlubi Kwinana said. "It is evident that parents often have limited oversight over their children, who tragically end up at taverns as victims of alcoholrelated harm." The commission found that their failures had played a role in the Scenery Park tragedy where 21 young people died nearly two years ago. In its lengthy report tabled in East London on Thursday, the commission found the Eastern Cape Liquor Board ECLB , despite acknowledging severe human capital challenges, persisted in issuing liquor licences without the capacity to monitor and enforce compliance. Asked for comment, all those cited said they were yet to read the report. BCM was cited as failing to fulfil its obligations of protecting fundamental human rights, particularly in relation to zoning regulations, monitoring liquor licence applications and establishing a local drug action committee. BCM's conduct revealed significant shortcomings in its regulatory oversight and responsiveness to community concerns, resulting in violations of the rights to a safe and healthy environment, health and children's rights as enshrined in domestic and international human rights laws. Scenery Park police officers were deemed to have failed in their duty to protect public safety and uphold regulations, thereby contributing to a range of human rights violations in relation to the Enyobeni tragedy despite being aware of complaints from residents. The commission said inadequate police response to re ports of underage drinking and other violations at the tavern raised concerns over the thoroughness and effectiveness of its investigations, directly affecting the right to a safe and healthy environment, particularly for children. It found the health department's handling of the tragedy resulted in violations of the dignity of the victims' families. Kwinana said initial reports suggesting methanol poisoning as cause of death, later refuted, were followed by suffocation due to overcrowding as the purported cause, creating confusion and distress for families. She said the lack of clarity and consistency in information worsened their trauma and denied them the dignity of knowing the truth. The national departments of social development and trade & industry 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 from the release of the report to answer how it would address its recommendations, including a moratorium on onsite licences, pursuing peace officer status, alignment with new legislation and policies, and enhanced community engagement. It gave BCM three months to address its recommendations, including setting up a local drug action committee, providing recreational facilities, identifying illegal liquor outlets and following business zoning and building regulations. The SAPS was directed to be more assertive about enforcing liquor and noise nuisance bylaws. The national departments of trade and industry and social development were directed to prioritise legislative action and expedite legislative processes. The report says the premier's office should issue an urgent directive to all its municipalities that are yet to establish local drug action committees to do so within 30 days, and encourage municipalities, through the cooperative governance department, to conduct audits similar to those directed towards BCM to ensure zoning and building regulation compliance within the province. It recommended the provincial legislature initiate a comprehensive review of existing alcoholrelated legislation to identify gaps, inconsistencies and areas for improvement and the review should prioritise aligning provincial laws with international human rights standards. The SAHRC recommended the education department embark on a campaign with relevant stakeholders against pensdown parties. Health spokesperson Mkhululi Ndamase said while the department was a role player in forensic deaths, "it does so under the command of the SAPS. "At no stage are we authorised to make pronouncements on such cases outside of SAPS guidance." BCM spokesperson Samkelo Ngwenya said the metro was "already engaging in a number of litigations and legal processes on the violations related to transgressions of its bylaws towards Erf number 37300 in Scenery Park and its owners. "The metro is still pursuing this matter and this includes several contravention notices and orders that have been served to the owners." Relatives of the victims welcomed the report. Ntombizonke Mgangala said: "It has revived and given us hope, especially with the coming inquest. "At last, something is being done." CONDEMNED: The Human Rights Commission has found that BCM, SAPS, the health department and liquor boards all "contributed to violations of fundamental human rights in the unfolding of the Enyobeni Tavern tragedy."

Source: Daily Dispatch