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GDE and Queenswood teachers to face negligence charges over Latoya Temilton’s death
A number of people were pointed out as negligent in the Grade 7 pupil’s drowning.
Gauteng Education MEC Matome Chiloane/Nchupetseng Attorneys. Image: Supplied
The Gauteng Education MEC Matome Chiloane visited Queenswood Primary School in Pretoria to share the results of a report by an independent investigative law firm that was appointed to probe the circumstances leading to Grade 7 pupil Latoya Temilton’s death.
Temilton, who was a pupil at Queenswood, tragically lost her life when she drowned at a school leadership camp on 20 January.
Chiloane said the report presented by Nchupetsang, a law firm, was “quite comprehensive and strong”.
Compromised supervision
Meshack Nchupetsang of Nchupetsang Attorneys said the teachers present on the day of Temilton’s excursion were extremely negligent.
He further added that the teachers and principal compromised supervision because they were only able to give account of what happened after Temilton had already drowned.
“There was very little supervision, if any, by the educators on site.
“During our investigation it was only the facilitators of the camp that could give proper account to the site as well as the learners who advised on how Latoya [Temilton] has drowned,” added Nchupetsang.
Some pupils pointed out Temilton’s inability to swim also reporting seeing her doing handstands, while some said they saw her flapping her hands in the water but thought she was playing around.
It was only after she was missing that the teachers paid attention.
Even then, when it was found that Latoya was at the bottom of the pool, the teachers put another pupil’s life at risk and watched him retrieve her body.
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Furthermore, the independent law investigators found the camp and its staff partially negligent for failing to clearly mark shallow and deep pool areas and for not responding promptly to potential incidents.
They stressed the importance of prioritising child safety, with increased supervision, lifeguard presence during swimming and enhanced approval processes.
Charges
The relevant SMT, teachers and principal will be charged for compromising pupils’ safety.
Moreover, Nchupetsang Attorneys recommended charging the principal and teachers with misconduct for providing dishonest and fabricated information to the Department or its representatives, contradicting the pupils’ attestations.
In addition, the investigators suggested the removal of the School Governing Body because it was inactive, revealing their lack of participation in the issue.
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Furthermore, they said the Gauteng Department of Education (GDE) might face civil liability and a possibility of a claim for constitutional damages regarding the incident due to potential negligence.
Latoya’s parents were also said to be liable for “contributory negligence”.
“The invitation did indicate that the excursion had swimming activities involved and [they] subsequently packed swimming costume while knowing that the child cannot swim,” said the investigators.
“The attorneys recommended that the department compensate the family based on moral obligation, with the exact amount to be determined by the department,” added Nchupetsang.
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Further negligence on Latoya’s drowning
The private investigator’s report revealed that the teachers, school management team, and principal lacked understanding of the legislative and regulatory framework governing day excursions when planning the particular outing.
While the school did inform parents about the trip, the letters they sent allegedly “lacked the necessary requirements” in terms of excursion regulations, such as risks involved.
“One of the letters indicated that there was swimming and then that was it. There was no indication as to whether there would be lifeguards on site in relation to the swimming, whether learners should bring life jackets or they would be provided on site,” he said.
Subsequently, Nchupetsang said the letter only alerted of a swimming activity and requested pupils to bring swimming costumes.
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Nchupetsang said the SMT neglected to conduct a risk assessment before the trip, failing to inform the school, parents, and governing body about potential risks associated with the swimming activities. This oversight deprived them of the chance to mitigate foreseeable risks through proper planning.
“Nchupetsang Attorney identified a critical oversight in that there was no prior inspection of the pool to ascertain the presence and the adequate of safety measures aimed at mitigating the evident risk of drowning.
“This lapse in protocol signifies neglect,” he added.
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Furthermore, the report revealed that the pupils’ ability to swim was not questioned before or at the time of the getaway.
Indemnity forms that could have been provided earlier by the school were only provided to the parents on the day of the camp while pupils were already boarding the bus. This showed further negligence by the school.
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Policy revision
Nchupetsang Attorneys suggested reviewing excursion policies, especially regarding swimming activities, due to recent drowning incidents. They recommended withdrawing Memorandum 106 of 2022 and reinstating the approval process involving the District and an Advisory Council.
Additionally, they advised conducting workshops on the legal framework for schools and closer monitoring of its implementation, as well as regulating excursion sites through vetting to ensure safety standards.
“We have noted all the recommendations and we are determined to implementing 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.
