By Lehlohonolo Lehana.
An independent law firm found that there was a lack of supervision on the day a Laerskool Queenswood pupil Latoya Temilton drowned at a school excursion.
Investigations found that the pool at the camp site was not suitable for children and there were no teachers or lifeguards on duty. This is despite learners indicating that Latoya could not swim.
Latoya drowned while on a leadership camp at the Wag ‘n Bietjie Resort in Witkoppen.
The Gauteng Department of Education then commissioned Nchupetsang Incorporated Attorneys to investigate and compile a report on the Grade 7 leaner’s demise.
Gauteng Education MEC Matome Chiloane received a report from an independent law firm regarding Temiltons’ death.
The findings of the probe found possible negligence on the part of the principal and educators.
Speaking at a briefing at Laerskool Queenswood school in Pretoria on Thursday, Chiloane said that based on interviews with district officials, school personnel, representatives of the School Governing Body, Latoya’s parents, learner prefects, teachers, camp facilitators, and campsite owners, they were able to obtain a clear understanding of the circumstances surrounding the learner’s death.
The report noted that learners indicated that Latoya could not swim and 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,” Chiloane said.
The legal team identified several consistent facts during their interviews; that the camp where the incident occurred was designated as a leadership camp for the 2024 prefects organised by the school, the camp featured a swimming pool, which was included in the programme provided to parents on the day of the camp; however, it didn’t seem suitable for children, lacking safety measures such as life jackets or lifeguards.
The MEC said a learner from Queenswood Primary School was the one who found Latoya at the bottom of the pool and retrieved her body.
“Moreover, they highlighted the failure to adhere to Memorandum No. 106 of 2022, which led to a lack of approval process for the excursion. They recommended withdrawing the memorandum and reinstating Regulation 7(1), (2), (3), and (4) of The Regulations on Domestic and International Tours for Learners at Public Schools, 2012,” the MEC spelled out.
He said the report found the absence of parental consent, risk assessment, and adequate safety measures, suggesting charges for contravention of various regulations, including Regulation 11, 8(1)(a), 9(1), and 10(2)(a).
Nchupetsang Attorneys recommended that the principal and educators be charged with misconduct for providing dishonest and falsified information to the department and/ or its agent following their testimonies, which contradicted the pupils.
The family’s spokesperson, Gordhan Temilton, said they will engage with the media on the way forward once they have reviewed the report.
“Please allow us to study the investigation provided by the Department of Education and only post that shall we engage with the public and the media on what we are looking to do. It is evident that litigation will be both criminal and civil.”