Sandiso Phaliso
OF THE more than 200 unlicensed and more than 80 licensed liquor outlets operating in the Harare section of Khayelitsha, there is no permanent designated liquor officer (DLO) to inspect whether liquor outlets adhere to the liquor laws, the Western Cape Liquor Authority tribunal heard yesterday.
The tribunal is being held in connection with the Osi’s Place incident on June 28, where eight women died following a stampede at the tavern in Khayelitsha.
Harare police station commander Tshotleho Raboliba told the tribunal that police did not bother enforcing liquor by-laws in the Harare section of Khayelitsha because the courts throw out these cases.
Harare police station caters for Kuyasa, Makhaza, Makhaya, Endlovini and Enkanini.
Raboliba added that at night it was very difficult to issue fines because customers at liquor outlets have a tendency to throw stones at police vehicles.
Instead of issuing fines, Raboliba said he would ask the tavern owners to close, and the owners then asked patrons to leave.
According to Raboliba, a lack of police personnel is the reason there was no DLO at the police station. He said the acting DLO had limited powers.
“When we do visit, it is difficult for us to write (fines). I don’t have an inspector to do those fines,” said Raboliba.
When asked whether he ensures and oversees that liquor outlets adhere to the liquor laws, Raboliba said: “I don’t have an inspector in my office to oversee it.”
He was testifying in the case involving Osi’s Place owner Phumlani Abraham. The Western Cape Liquor Authority is holding the tribunal to determine whether the tavern should be closed permanently.
Abraham’s licence was suspended on July 9.
On August 17 this year, the tribunal granted a temporary closure of the business pending the outcome of the tribunal hearing.
Vincent Berg, presiding officer of the tribunal, told Raboliba: “I am worried because we allow places to continue, but no action is taken.”
Although Robaliba’s testimony is that Osi’s Place should close permanently, he said there have never been complaints about the tavern, and the first time police management had discussed the business was after the death of the eight women.
Berg said it was very concerning that there were no recorded warnings or fines issued, but Raboliba had said there had been contraventions of the liquor licence at Osi’s Place.
“We rely on police and law enforcement,” said Berg.
Referring to inspections by the DLO, a visibly angry Berg said: “Nothing happens until someone gets killed and this kind of behaviour is allowed to carry on.”
A survivor of the tragedy, Yonela Pamla, 18 – who was 17 at the time of the incident – testified that a few minutes after the stampede occurred, she heard a gunshot but did not see who had fired it.
She said she and four of her friends, some of whom were minors, had gone to Osi’s Place because a popular DJ was going to perform at the tavern on that fateful night.
Pamla said she was not searched when she entered the premises and had brought her own alcohol.
The hearing has been postponed until Friday.
@PhalisoSandiso