With the deadline to implement the Enyobeni report’s life-saving recommendations now passed, the risk of another tragedy looms large, as key stakeholders have failed to take decisive action to prevent it.
The Eastern Cape SA Human Rights Commission (SAHRC) confirmed that the three-month deadline for the Buffalo City Municipality (BCM), the Eastern Cape Liquor Board (ECLB) and the Office of the Eastern Cape Premier among others, to provide reports in writing detailing the progress they have made to prevent a similar Enyobeni tragedy from occurring in future, had expired on July 31.
Father of one of the deceased, Khululekile Ncandana, said that from the onset, the stakeholders displayed a lack of commitment towards addressing the report’s recommendations, citing time constraints and limited scope in their duties.
He said: “We need the public to stand with us to put pressure on especially the ECLB and BCM to put a moratorium on issuing liquor licenses and improve the monitoring of zoning and building regulations.
“The fact that they have not reported back to us on how far they have come with implementing the recommendations shows how little they care.
“Those that are in power think they are above the law because they are not taking the report seriously.”
Eastern Cape SAHRC’s Dr Eileen Carter said the commission was in the process of requesting the stakeholders to respond and would decide how to deal with non-compliance of the recommendations.
Released in April, the report found that the municipality failed in its duty to maintain public safety with respect to zoning regulations, as Enyobeni Tavern operated without proper zoning.
The municipality was also found negligent in its responsibility according to legislation, to establish a local drug action committee (LDAC) to promote substance abuse prevention and intervention.
The report instructed BCMM to conduct an audit to identify liquor outlets in communities and ascertain their legal status, especially in informal and disadvantaged communities, to verify zoning compliance and adherence to building regulations.
BCMM was also instructed to amend section 6 of the bylaws or issue a directive to mandate the presence of ECLB and SAPS officials at community consultations to enhance transparency and fairness in liquor licensing processes.
BCMM spokesperson Samkelo Ngwenya did not respond to questions put to the municipality.
The Office of Premier was tasked with mandating municipalities across the province to conduct their own liquor outlet audits to verify zoning and building regulation compliance and urgently establish LDAC’s within 30 days of receipt of the report.
Spokesperson for the Premier’s Office, Khuselwa Rantjie did not reply to requests for comment.
The ECLB was required to place a moratorium on issuing liquor licences until sufficient contingent of inspectors had been appointed as, at the time of the tragedy, there were 515 registered liquor outlets with only one inspector in East London.
Currently, there are 975 registered outlets with a contingent of four inspectors for Buffalo City and only 22 for the province and with a huge influx of new applications every year.
The commission found that the ECLB’s licensing committee was unable to process all the applications within the required 60-day period, which brings into question the ECLB’s capacity to manage new entrants into an already saturated market.
The commission also found the ECLB had failed in its responsibilities to play a robust regulatory role and failed communities by not being an active presence at community consultation meetings during the liquor licence application stage or training ward councillors on how to handle the liquor license consultation meetings.
In addition to the moratorium, the ECLB was instructed to expedite efforts to secure approval from the minister of justice and correctional services to designate ECLB inspectors as peace officers. The designation would empower ECLB inspectors to enforce liquor laws more effectively.
THE ECLB was also instructed to ensure that any new legislation and regulation align with the provisions outlined in the draft liquor amendment bill of 2018 and the final national liquor policy of 2016.
Finally, it was told to prioritise meaningful engagement with affected communities during the liquor licensing process and renewal by way of physical presence and participation.
ECLB spokesperson Msiya Mgwebi confirmed earlier this year that the ECLB would not place a moratorium on issuing licences for fear this would open them up to litigation. However, Mgwebi has not provided any response on the ECLB’s progress in implementing the other directives.
Masimanyane Women’s Rights International has been advocating for the ECLB to place a moratorium on issuing licences, given the huge spike in rape and gender-based violence (GBV) statistics during the festive season and when there are pens down parties at the end of school terms in Buffalo City, as evidenced by research Masimanyane conducted at two Thuthuzela care centres locally.
The organisation’s Farida Myburgh said: “We have raised our concerns regarding the issuing of liquor licences despite the ECLB having limited inspectors.
“Our concerns also centred on licences being issued to establishments close to schools.
“An expose soon after the Enyobeni tavern deaths of young people, revealed no monitoring of compliance and sales to under-age patrons. This supported the concern that pupils have access to alcohol from these establishments.
“These concerns have been raised within the provincial safety steering committee, where all departments, tasked for the safety of the province engage on the provincial safety plan and possible factors that contribute towards the high rates of GBV.
“Recommendations made within this committee are taken to the justice and crime prevention cluster for cabinet to deliberate, however, there has not been success with regards to any action taken because alcohol licences are a source of revenue for the province.
“Masimanyane Women’s Rights International strongly believes that one cannot delink alcohol and substance abuse from poverty and inequality. These are key drivers of violence and can lead to GBV and femicide.
“While we call for a moratorium on liquor licences, the impact will be limited unless we address the social and economic drivers.”
DG Murray Trust (DGMT), a foundation committed to developing policy and legislation to curb binge and heavy drinking in vulnerable communities in SA, said that it was aware that a complete moratorium may place the ECLB at risk of litigation, however it must then prioritise working with the Eastern Cape provincial government to close down unlicensed outlets and conduct a thorough liquor outlet audit.
DGMT said: “Should ELCB fail to do this, we support the call for a moratorium.
“Forty percent of GBV survivors say their perpetrators consumed alcohol according to SAPS, and GBV in the Eastern Cape is prevalent especially in Buffalo City and the OR Tambo districts, where alcohol is a dominant factor in intimate partner violence and gang rapes.
“Areas with higher alcohol outlet density experience corresponding increase in incidents of GBV, due to lowered inhibitions and increased aggression associated with excessive alcohol consumption.
“Reducing the scourge of binge drinking and the harms associated with it, including GBV cannot solely be the responsibility of the ECLB, as the key here is building a government that puts public health first, a government that speaks to each other and is pulling in the same directions.”
