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UNDERSTANDING
INDEMNITY
Experts explain to what extent indemnity forms
protect your child during a school trip BY SIYBUSWA TSEWU
ARENTSareoftenpresented understand, the onus is on them to in- “It’s one thing to have a signed indem-
with forms when a child form the school and ask for a detailed nityformandit’sanotherto fail to do due
goes on a school outing or explanation. Also ask questions such as, diligence,” she says.
camp. But an indemnity “What does the outing involve? Will all “There were unsafe activities at the
form doesn’t automatically the safety requirements be met?” camp and the organisers neglected due
absolve the school or activi- In Enock’s case, the fact no life jackets process. If these boys were involved in a
Pty organiser from blame if wereprovidedfortheboysisalreadysuf- collisionwhiletravellingto the campsite
somethinggoeswrong,expertssay–and ficient liability, Gwabeni says. because another driver overtook on a
it’svitalthatparentsunderstandthisand “Also,youmustrememberthat,inlaw, bend,youcouldcallthatan accident and
know their rights. teachers act as proxy for parents and not blame the school.
The definition of indemnity is simple: they’reexpectedtotakereasonablecare “Butthat’snotthecasein this instance.
it means one party in the contract is not when learners are in their custody.” Eyewitness accounts have shown basic
responsible for loss, damages and/or BayetheMaswazi,an- safety measures
injury while the otherpartyistakingpart other Eastern Cape at- ‘SA law doesn’t endorse were ignored. The
in their activitiesorusingtheirfacilities. torney, says indemnity a contract that’s truth is that some
But what happenedtoEnockMpianzi doesn’t extend to gross schools often try to
(13) while he was on an orientation negligence.“SouthAfri- against public policy’ shield themselves
camp with other Parktown Boys’ High canlawdoesn’tendorse from legal liability.”
School Grade 8 learnersafewweeksago acontractthat’sagainstpublicpolicy–in Elijah Mhlanga, spokesperson for the
has put the spotlight on the issue of in- other words, one that goes against the basic education department, says the
demnity – and in this case, the school moral convictions of society.” use of indemnity forms is a general prac-
and the Nyati Bush and Riverbreak camp When an organisation offers potential- tice. “But these forms aren’t a substitute
have been found wanting. ly dangerous excursions such as water for a reasonable expectation of due care
East London-based attorney Ayanda activities, they have to employ their own and responsibility.
Gwabeni says a signed indemnity form safety measures, Maswazi adds. “They “As a department, we do not recognise
doesn’t mean due diligence must not be must provide life jackets and not allow indemnity forms,” he told the Sunday
done when it comes to the safety and se- anyone into the water without one. They Times. “Instead, we expect schools to ask
curity of children. should also have first-aid kits on site and parents to give consent for their children
“Most indemnity forms are standard,” facilities available to accommodate to participate in excursions.”
he says. “They don’t explicitly give details camp-goers should they need to wait for Gautengeducationdepartmentguide-
of what exactly is being indemnified.” emergency personnel.” linesstipulatethatateacherwithcardio-
If something goes wrong, one party pulmonary resuscitation (CPR) training
can’t always just say because an indem- DUCATIONspecialistSaraBlack must accompany learners on an outing
nity form was signed they aren’t liable, saystheschoolandthecampvi- where water activities are involved and,
Gwabeni adds. olated the Children’s Act as they ultimately, the school’s principal and GALLO IMAGES/ER LOMBARD
Parents need to understand what failed to take reasonable care of teachersareresponsibleforthesafetyof
they’re signing, he stresses. If they don’t E the learners. children. S
18 | 6 FEBRUARY 2020 you.co.za
