By JONATHAN WALTON
First and foremost, condolences to the parents, families and relatives of the twenty-one young girls and boys who tragically lost their young lives under questionable and unspeakable circumstances. The young girls and boys were children who did not deserve to be lost to society under questionable and unspeakable circumstances — May their Souls Rest in Eternal Peace.
When the terrible news broke of the loss of young lives at the Enyobeni tavern, the whole country was shocked [i]. The news also reached the Washington Post in the USA[ii].
In another online thought-provoking news article[iii], it was reported that: “The double-storey Enyobeni tavern in East London, where 21 young people died under mysterious circumstances, was illegally constructed, and its renovations were never approved, according to the Buffalo City Municipality (BCM).”
“The establishment also had no approved application for departure from its original trading hours to be extended. There were no building plans received and approved by BCM for the structural renovations on Erf no 37300 in Scenery Park. Our records show no copy of approved building plans because the building was built illegally.”
This admission is another case of lawlessness. If the owner, without approved building plans, illegally constructed the building, the Buffalo City Municipality is equally to blame for the tragedy. Someone in that municipality’s town planning office must be held accountable for allowing an illegally constructed building to be used as a tavern in a residential area. Equally, someone at the provincial liquor authority must also be held accountable for irregularly awarding a liquor license. By accountable, I mean, ‘someone’s head must roll[iv]’. The National Building Regulations and Building Standard Act (1977) and Occupational Health and Safety Act (1983) prescribe the dos and don’ts for owners of buildings in the country. The responsibilities of municipalities are clearly spelt out in the legislation.
Let us hope that the South African Human Rights Commission (SAHRC), South African Police Service and National Liquor Authority will not overlook the admission from the Buffalo City Municipality.
“The Act requires that every registered activity takes place from registered premises. As highlighted above, registered premises must be zoned for business purposes as per the municipal by-laws. Registrants are encouraged to ensure that they trade from premises approved by the local authority that permits distribution or manufacturing”[v]
It is now up to the families of the late 21 young children to institute legal action against the tavern owner, Buffalo City Municipality and Liquor Authority. The Life Esidimeni Commission[vi] into the deaths of 148 mental health care users is a serious source of consideration for the families and relatives of the twenty-one children who tragically lost their lives in an environment of carelessness and lawlessness.
In other parts of the country, I have seen many illegal buildings used as taverns and general trading shops. In our own municipal area, there are many visible illegal buildings with illegal alterations. Some of the buildings are hazardous and used as places of employment. I have not seen any water sprinklers, fire extinguishers, and fire hydrants in some of the buildings. The same buildings double up as accommodation without any connections to sewer networks. These buildings are unappealing to the public eye.
“The tragedy of life is often in our failure but rather in our complacency; not in our doing too much, but rather in our doing too little; not in our living above our ability, but rather in our living below our capacities.”
Benjamin E Mays[vii]
[i] ‘Kuzofiwa’ — a party invitation that foreshadowed deaths of 21 at Eastern Cape nightspot’- https://www.dailymaverick.co.za/article/2022-06-26-kuzofiwa-a-party-invitation-that-foreshadowed-deaths-of-21-at-eastern-cape-nightspot/
[ii] ‘They danced and died: Tragic teen party mystery in S. Africa’ – https://www.washingtonpost.com/world/mystery-over-deaths-of-21-teenagers-at-s-african-nightclub/2022/06/27/
[iii] “More deadly woes for tavern owner’ – https://www.iol.co.za/capetimes/news/more-woes-for-deadly-eastern-cape-tavern-owner-710bb732-cbb1-4370-bdc6-491e3346560d
[iv] https://www.merriam webster.com/dictionary/heads%20will%20roll#:~:text=Definition%20of%20heads%20will%20roll,the%20mistake%2C%20heads%20will%20roll.
[v] National Liquor Act Compliance
[vi] http://www.saflii.org/images/LifeEsidimeniArbitrationAward.pdf
