Justice has moved a step closer for the families of the 21 young people who died at Enyobeni tavern in 2022.
Magistrate Mvuselelo Malindi handed down the long-awaited inquest ruling in the Mdantsane Regional Court on Friday.
The court found prima facie evidence for criminal prosecution.
The victims, aged between 13 and 21, died at the tavern in KuGompo City, formerly East London, on 26 June 2022.
They had gathered for a “pens down” party to mark the end of mid-year exams.
Police officer criticised
Malindi found police officer Sergeant Tabisa Kondile grossly negligent.
He said she failed to follow up on complaints about the tavern allegedly breaching liquor trading laws a month before the tragedy.
The magistrate said Kondile had failed the Scenery Park community.
During the inquest, Kondile admitted she had witnessed licence violations at the tavern, including trading past closing time.
However, she issued no fines, made no arrests and served no formal notices.
She also told the court she had confronted tavern owner Vuyokazi Ndevu about violations six months before the tragedy, but took no further action.
Tavern owners also blamed
The inquest also found that tavern owners Siyakhangela and Vuyokazi Ndevu failed to enforce liquor laws at their establishment.
State forensic pathologists found the cause of death was crush asphyxiation, caused by extreme overcrowding and poor ventilation inside the packed venue.
Early speculation included poisoned alcohol and counterfeit liquor after traces of methanol were initially reported.
However, expert testimony before the inquest rejected that explanation.
The inquest heard evidence from more than 30 witnesses over nearly two years.
NPA to decide next step
Evidence leader Luvuyo Vena argued during closing submissions that several parties should face criminal charges.
These included the liquor board, one of its inspectors, the Ndevus, former bouncer Thembisa Diko and Kondile.
The Ndevus denied liability and argued they could not be blamed for children who forced their way into the venue.
They were previously convicted of selling or supplying liquor to people under 18 and fined R5 000 each or 100 days in prison.
In October 2024, the High Court also ordered the demolition of illegal structures on the property.
The inquest findings will now be referred to the National Prosecuting Authority, which will decide whether to prosecute.