Schools urged to tighten policies after deaths
● There was obvious negligence in the events leading to the drowning this month of two 13-year-old pupils in separate incidents, but a lack of clear guidelines on water safety measures for pupils on school trips means proving liability may not be clear-cut.
The body of grade 7 Bekker Primary School pupil Keamohetswe Shaun Seboko was discovered at the bottom of the school’s pool in Magaliesburg, Gauteng, last Wednesday. On the same day, grade 8 Parktown Boys’ High pupil Enoch Mpianzi drowned at the Nyati Bush and Riverbreak lodge in North West during an orientation camp.
Parktown Boys’ headmaster Malcolm Williams was suspended this week amid an investigation by the education department. The principal of Bekker Primary, Willy Potgieter, has not been suspended, according to the school’s governing body.
National regulations on safety measures for schools, adopted by the department in 2001, put the responsibility for ensuring the water safety of pupils on school trips and at school primarily on the principal.
Gauteng regulations on school tours do not specifically mention water-safety measures.
While schools across SA insist that parents sign an indemnity form, the national regulations are clear that schools may only ask that parents give written consent that their child will be going on an excursion.
An indemnity form purports to indemnify a school against legal action that may arise as a result of a school activity.
Basic education department spokesperson Elijah Mhlanga said: “The national department provides regulations that provinces should apply and adhere to and [they] are not expected to deviate from these regulations.”
He said the use of indemnity forms was a general practice but these forms were not a substitute for a reasonable expectation of due care and responsibility.
“As a department, we do not recognise indemnity forms. Instead, we expect schools to ask parents to give consent for their children to participate in excursions.
“A large majority of public schools do not insist on indemnity forms. Instead, they assume responsibility for the safety, care and protection of the learners, even when they are undertaking school excursions.”
Gauteng’s regulations state that government schools must take reasonable measures to ensure the safety of pupils on tours. Education MEC Panyaza Lesufi said this week water-related trips and activities must be approved by the provincial head office.
According to the Western Cape’s guidelines, a teacher with some qualification or training in cardio-pulmonary resuscitation and emergency care has to accompany pupils on trips that involve swimming and water-based activities.
This accident has been a very tragic wake-up call Anthea Cereseto
Governing Body Foundation CEO
Ultimately, a school’s principal and teachers are responsible for the safety of pupils.
The Federation of Governing Bodies of South African Schools is developing a check list for schools to ensure they comply with safety regulations.
The Governing Body Foundation, which represents 650 school governing bodies, said it will be asking its members to review their excursion policy.
CEO Anthea Cereseto said: “This accident has been a very tragic wake-up call for every school and the opportunity must be taken to learn from it.”
The Parktown Boys’ governing body is a member of the foundation.
Matakanye Matakanye, general secretary of the National Association of School Governing Bodies, said it will be asking members to tighten up their schools’ safety policy, as not all have one.