Key facts
- Survivors of the 1960 Sharpeville massacre are initiating legal action to overturn a 1961 indemnity law.
- The law has prevented prosecution of perpetrators of the killings, where at least 69 protesters died.
- The legal case argues the indemnity law is unconstitutional under South Africa's current constitution.
- A class action lawsuit is being sought to allow dozens of victims and relatives to sue the state.
- The government has provided individual grants to apartheid victims but encourages Sharpeville survivors to come forward.
Survivors and relatives of the Sharpeville massacre are initiating legal action to overturn a 1961 indemnity law that has shielded perpetrators from prosecution for the 1960 killings. The Sharpeville massacre, where police opened fire on peaceful demonstrators protesting apartheid-era pass laws, resulted in at least 69 deaths and over 200 injuries.
Abraham Mofokeng, an 86-year-old survivor who was 20 at the time, described the protest as a stand against oppression. He recounted the violence, stating, "All you were good for was working. You couldn't question them, you were supposed to just do as you're told." Another survivor, 90-year-old Larazus Magotsi, described witnessing police shooting at injured protesters and using machetes on those still moving. Estimates suggest over 1,300 bullets were fired.
The 1961 Indemnity Act, passed by the apartheid government, has remained in effect despite South Africa's transition to democracy in 1994. The current legal challenge, brought by Lawyers for Human Rights and UK firm Leigh Day, argues that the law is unconstitutional under the new constitution. They are seeking to certify a class action lawsuit, which could allow dozens of victims and relatives to sue the state and potentially lead to criminal charges against any surviving perpetrators.
Constitutional law expert Prof Frans Viljoen supports the repeal of the Indemnity Act, viewing it as a necessary step to "clean up" legislation and "close a chapter on the past." He noted that while the principle of state continuity applies, making the current state accountable for past laws, declaring the act unconstitutional would be symbolically important.
While the Truth and Reconciliation Commission (TRC) investigated apartheid-era crimes, it did not result in prosecutions for the Sharpeville shootings, as no police officers applied for amnesty. The South African government stated it has supported apartheid victims and encouraged Sharpeville survivors and relatives to come forward to receive reparations, with 560 TRC-recognised victims having already received individual grants totaling approximately $31 million.