Andrew Kathindi
Indemnity forms that some private schools have been forcing parents to sign before readmitting their children will not save them should a child contract COVID-19 as a result of their negligence, Attorney General, Festus Mbandeka, has informed Windhoek Observer.
This comes as certain schools have been forcing parents to sign indemnity forms in order for them not to be held liable should a learner contract COVID-19 while in their care.
“Generally, indemnity forms or clauses are not illegal per se, however if someone suffers a loss as a result of failure or negligence caused by a person seeking to be indemnified cannot use the indemnity as a shield where there is a dereliction of duty or negligence, therefore such person may be held liable,” said the Attorney General.
Furthermore, he said, if the terms of the indemnity form or clause are unfair, unreasonable or unjust, then a parent may refuse to sign the indemnity form.
At the heart of the matter is the evasion of liability in the instance that a child should contract COVID-19, a disease that has killed over 370,000 people worldwide thus far, while attending school as face to face teaching resumes.
“Educational institutions, public or private, can only be held liable if it can be proven that a child has contracted COVID-19 due to the failure or negligence of such an institution to put reasonable measures in place to protect against the risk of contracting COVID-19,” said Mbandeka.
He further noted that all educational institutions have a legal duty of care over the learners during the time when they are in the care of the schools, in this case by putting reasonable measures in place to protect the children from the risk of contracting COVID-19.
This comes as education ministry, Executive Director Sanet Steenkamp had urged parents to visit schools and inspect measures put in place.
“The ministry made it clear on the guidelines that we are giving the schools and we don’t just give them guidelines we also give the resources for them to be put in place and we create the enabling environment in processes for it to be put in place.”
Face-to-face classes began on Wednesday for grades 11 and 12, amid concerns by parents on the true level of preparedness and safety for the learners.
