Report on schoolgirl drowning released

Lack of risk assessment, and inadequate safety measures such as life jackets or lifeguards were some of the adverse findings by law firm Nchupetsang Inc Attorneys, which investigated the death of Laerskool Queenswood pupil Latoya Temilton, who drowned during a school excursion on January 20 at Wag ’n Bietjie Resort in Olifantsfontein.

Nchupetsang Inc Attorneys have 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 those of the learners”.

“The investigation found that the school did not adhere to memorandum No 106 of 2022, which led to a lack of approval process for the excursion. Additionally, there was an absence of parental consent, risk assessment and adequate safety measures, suggesting charges for contravention of various regulations,” said the law firm's Meshack Ntshupetsang during the handover of the report to the family and the school in Pretoria yesterday.

“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. A learner from Queenswood Primary School was the one who found Latoya at the bottom of the pool and retrieved her body.” 

The law firm found that a few pupils said Latoya could not swim and her parents confirmed this.

Latoya’s uncle, Gordon Temilton, said no risk mitigation was conducted by the school before the excursion.

“That pool at the shallow end is 1.3m tall and at the deepest end 1.5. The legal jargon is risk mitigation but in common language, no rescue was done. As soon as you go there, you will see entry into the pool area, there is a massive sign in bold that says safety first and below that it says no lifeguards provided,” said Temilton.

Gordon said the loss of a child cannot be labelled or explained to parents.

Nchupetsang Attorneys concluded that the provincial department of education may be liable for civil damages due to potential negligence, noting 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 a swimming costume while knowing that the child cannot swim”.

The firm recommended the restoration of the approval processes for excursions to involve the district office and an advisory council.

“Workshops on the legal framework for schools and closer monitoring of its implementation, along with the regulation of excursion sites through a vetting process to ensure safety standards are met.”

Education MEC Matome Chiloane welcomed the recommendations.

“We are determined to implement them, especially with regards to regulations of venues that are used for excursions by schools,” said Chiloane.