The owners of the Enyobeni Tavern in East London – where 21 people died in June 2022 – have been ordered to demolish the structure at their own cost because it contravenes municipal zoning and building regulations.

A News24 report notes the Eastern Cape High Court (East London) interdicted the owners – husband and wife Siyakhangela Owen and Vuyokazi Ndevu – from using the property until it is demolished.

Lawyers representing the Buffalo City Metropolitan Municipality had told the court that the local authority had no building plans on file for the property, particularly after September 2007 when the property was transferred to the current owners.

Nor did it have an occupancy certificate allowing the use the buildings on the property.

If the owners fail to demolish the building within 90 days of Tuesday's court order, the sheriff of the court may do so, and the bill has to be paid by the owners.

This is the latest legal action against the couple. They were fined R5 000 each in February for selling liquor to minors.

An inquest into the deaths of the youths is also under way and will resume in the Mdantsane Magistrate's Court on 28 October.

According to the evidence in the latest case, when the couple acquired the property, it comprised a single-room building and additional small shacks, notes the News24 report.

The municipality could not establish when the initial building and structures were converted into a big double-storey building that took up almost all the erf.

The High Court heard that the property was zoned for residential purposes in terms of the municipality's land use management regulations, and that it was therefore illegal to operate a tavern from the property.

The couple have neither submitted building plans to the municipality for approval of the construction of the double-story building, nor were they granted an occupancy certificate by the municipality.

It first issued a notice regarding the failure to obtain municipal approval for the structure and calling for its demolition in July 2022 – a week after the deaths at the tavern – and four further notices were issued since then.

All were ignored by the owners.

In terms of the court order, the owners may not add any buildings to the site – and may not use sell, encumber or let the property until the demolition order has been complied with or without the prior written approval of the municipality. 

They must also pay the municipality's legal costs in the application.

Full News24 report