By Thilivhali Livhadi
In recent years, there has been well-deserved praise on South Africa’s judiciary and how, with a well-functioning criminal justice system, our courts have come out strongly when it comes to criminal acts, particularly those that are deadly and have left most families sadder and poorer without their loved ones.
South Africa’s constitutional democracy relies heavily on the courts to come to the party, particularly as the Constitution implores our magistrates and judges to behave “impartially and without fear, favour or prejudice.”
However, last Friday’s Enyobeni Tavern court sentencing left a bitter taste in my mouth. To say it was a disappointing judgment would be an understatement. While one needs to equally recognise that every South African has rights to be upheld, we should also be cognisant that every South African has a responsibility to uphold the law.
The heart bleeds for the families of the twenty-one children who perished on the night of June 26, 2022 in Scenery Park, East London, in the Eastern Cape.
The sentencing makes one not only fume but also asks more questions concerning whether our courts are seriously taking the application and upholding of the National Liquor Act. The Act is clear that no one is allowed to sell alcohol to minors. What happened on that fateful night cannot be just swept with a meagre fine of R5,000 or spending just over three months in jail.
Our courts can do better, particularly against those transgressing the very same laws that are meant to protect children from the damaging vagaries of alcohol. Illegal operators, such as Enyobeni, have mushroomed everywhere, opened by irresponsible and uncaring adults who care less about life and more about selling a pint of an alcoholic drink.
Enyobeni Tavern, and many establishments of their ilk, leave a blot on our consciences as they portray us as a failing society that cares less about its children, only ready to exploit them through ruining their lives such as selling booze to them, leaving to die, well knowing there might be a lenient jail sentence, that less considers the pain of families who lost children, brutally so.
When it comes to the scourge that is alcohol and the irresponsibility of some who trade it, our memories should not let us down. In March 2000, 13 teenagers were lost at the Throb nightclub when a tear gas canister detonated during a stampede; the youngest was an 11-year-old. Fifteen years later, in June in Khayelitsha, eight women perished at Osi’s Place when the metal meant to hold the staircase collapsed; the youngest was a 15-year-old. In the latter case, the owner was meekly banned from applying for another liquor license in the next five years. For all we know, the owner is back in business.
What is even more unfortunate is that there is little detailed, focused research done on the spiralling issue of underage drinking in SA. Whether it’s a swanky or ‘lit’ part, or in the poorest of areas, we need to acknowledge that our children are in danger, and now we cannot even trust magistrates to be sensible when making judgments.
Indeed, and undoubtedly, no one can argue that parents should play an active role in raising their children and knowing where they are and with whom. While this is ideal, it’s not always realistic as parents get lied to by children. Hence, another adult exposed to children getting inebriated should immediately and decisively act – and forego any selfish thinking about profits before life.
Dr Candice Groenewald, the chief research specialist at the Human Sciences Research Council (HSRC), laments how little effort has been made to collect behavioural data on underage drinking over the years. Sadly, her lamentation cannot be dismissed as we have witnessed the evolution of young people’s behavioural patterns in recent years, from the labelling of ama2000 to various age groups fascinated by music cultures such as amaPiano. Bearing this in mind, there is enough reason to research the impact of underage drinking.
In 2014, the HSRC did what they termed the South African Social Attitudes Survey, which showed that “30% of South Africans aged 16 and older consumed alcohol. However, 90% of these drinkers engaged in binge drinking, meaning they sometimes consumed four or more drinks in one sitting (Bhana & Groenewald, 2019). In most cases, binge drinking occurs weekly or monthly.
In an article published by the HSRC in September 2022, Dr Groenewald says: “Previously, such behavioural data were collected via the South African Youth Risk Behaviour Survey (SAYRBS) prepared by the HSRC and the Medical Research Council of South Africa; however, the latest SAYRBS report from 2011 is significantly outdated. It highlighted the extent of underage drinking among 10 997 Grade 8–11 learners from public schools in all nine provinces. Almost a third had used alcohol on one or more days in the preceding month, and a quarter had engaged in binge drinking (in this study, defined as drinking five or more drinks within a few hours on one or more days). Alarmingly, 17.2% of 13-year-olds and 18.4% of 14-year-olds had engaged in binge drinking, and 11.4% of learners reported having used alcohol on school grounds.”
What is highlighted by Dr Groenewald above is cause for concern. A huge concern. One that should propel us into action in the interests of our young people. We are failing them and not showing any immediacy in rectifying this failure.
Our children need us, not another Enyobeni around the corner. It won’t do not only them any good, but it won’t be of any positive to our community. That’s what we should bear in mind while we ponder the next steps on what really to do when the courts fail us and give lenient sentences in cases where children violently perished.
* Thilivhali Livhadi is the Gauteng Provincial Programmes and Operations Manager at the New LoveLife Trust, also known as loveLife.
** The views expressed do not necessarily reflect the views of IOL or Independent Media.