Office of the Premier 2024/04/04 - 22:00
Thembisa Shologu
The investigation report on the death of a Grade 7 learner from Laerskool Queenswood in Pretoria has confirmed that the cause of death was drowning.
Latoya Temilton tragically lost her life on 20 January 2024 during a school leadership camp at Wag 'n Bietjie Campsite in Olifantsfontein.
Following the tragic loss of Temilton, MEC for Education Matome Chiloane appointed Nchupetsang Incorporated Attorneys to thoroughly investigate and compile a report on circumstances surrounding this dreadful event.
The report was released on 26 February 2024.
MEC Chiloane indicated that the delay in releasing the report was due to the Temilton family's absence as a result of their loss, concerns of the affected learners' parents, and the delayed receipt of the post-mortem report.
It is reported that on 23 November 2023, Latoya's parents received a letter notifying them of her selection as one of 24 learners chosen to attend a one-day leadership camp on 20 January 2024 to identify head leaders.
The camp commenced with various activities including team-building exercises, teachings on leadership and problem-solving, and swimming activities in the afternoon where the tragic incident occurred between 3:00pm and 3:30pm.
"A few of the learners indicated that Latoya could not swim and that they saw her doing handstands. Some of the learners indicated that they saw Latoya flap her hands and thought that she was joking. According to Latoya's parents, she could not swim.
"Latoya's mother advised that this was indicated to the school in previous excursions. However, the indemnity form for this excursion was only given to Latoya's dad the morning of the excursion, and he did not have an opportunity to fully complete the form," said Chiloane.
According to some of the learners, when they arrived at the pool area, there were no educators present, nor were there lifeguards.
Following the tragedy, counselling services were offered to both students and educators at the campsite and the school.
Nchupetsang Attorneys' investigation revealed several shortcomings in the planning and execution of the excursion including the following:
- The report found that principal, deputy principal and the educator lacked knowledge of the legislative framework for excursions, recommending charges for contravening Section 16A(2)(vi) and (f) and recommended training on excursion regulations.
- Additionally, the report noted the absence of parental consent, risk assessment, and adequate safety measures, suggesting charges for contravention of various regulations.
- Furthermore, it recommends charging the principal and educators for contravening Section 32(1)(a) of the Children's Act, which placed a duty on them to ensure Latoya's well-being while she was in their care. It therefore recommends that they be charged for misconduct for failing to act in accordance with their legal duty to supervise.
- They also recommend that the principal and educators be charged with misconduct for providing dishonest and falsified information to the Department and its agent, following their testimonies which contradicted those of the learners.
- The report concludes that the Gauteng Department of Education (GDE) might face civil liability for the incident due to potential negligence. It also noted contributory negligence on the part of Latoya and her parents, as the invitation did indicate that the excursion had swimming activities involved and subsequently packed swimming costume while knowing that the child cannot swim. It recommends that the department compensate the family based on moral obligation, with the exact amount to be determined by the department.
"We have noted all the recommendations and we are determined to implement them, especially with regards to regulations of venues that are used for excursions by schools. We are grateful to the law firm for their comprehensive investigation that shed light on a number of issues surrounding this incident," said MEC Chiloane.
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