The Ministry of Education, Arts and Culture (MoEAC) said the use of indemnity forms in school in relation to COVID-19 is legally enforceable, provided that its conditions are not unlawful. In a letter to school authorities on Wednesday, MoEAC Executive Director, Sanet Steenkamp said the ministry sought a legal opinion on the use of indemnity forms in schools from the Attorney General in relation to COVID-19 transmission. She said the Attorney General advised that the issuing of indemnity forms is not prohibited by the Education Act of 2001, or any Namibian legal instrument or law. However, Steenkamp said, in terms of common law, educational institutions have a duty of care towards learners and employees and an indemnity form cannot absolve a school that was negligent and that failed to honour their legal obligation, noting that an indemnity form is negated by negligence or wrongful misconduct. “Therefore, an indemnity form cannot be used as a shield where there are misconduct and dereliction of duties or negligence. Steenkamp said only in cases where schools have put into place all necessary prescribed measures and protocols around COVID-19 and a learner contracts the infection, which is not attributed to the school, will the school be absolved of liability,”