Survivors of the 1960 Sharpeville Massacre in South Africa have launched a legal challenge to overturn an apartheid-era law shielding the state from compensation claims, seeking reparations for systemic injustice 64 years after the event.
The lawsuit, filed by Lawyers for Human Rights and UK-based Leigh Day, targets the 1961 Indemnity Act, which shields apartheid-era police and government officials from liability for the massacre that killed 69 people and wounded over 180. The case argues the law is unconstitutional under South Africa’s 1994 constitution, which mandates that statutes from 1994 remain in force unless repealed.
Legal Challenge Against Apartheid-Era Law
Survivors’ Personal Histories
Survivors like 87-year-old Abram Mofokeng, who was shot in the foot and back during the massacre, described the trauma of reliving the event. The intention was for us to hand ourselves over to be arrested because we didn't carry the pass,
he recalled, referring to the apartheid-era passbook system. His daughter and grandchildren accompanied him during a commemoration, where activists reenacted the massacre by painting their bodies red and laying on the ground to symbolize the bloodshed.
Historical Context and Legal Arguments
The Sharpeville Massacre, which occurred on March 21, 1960, became a turning point in the global anti-apartheid movement. Police opened fire on protesters demanding an end to pass laws, with many victims shot in the back as they fled. Official records cite 69 deaths, but lawyers argue that subsequent research shows at least 91 people were killed and over 238 wounded. The 1961 Indemnity Act, passed a year after the massacre, blocked survivors from pursuing claims against the state.
The legal team argues that the act violates South Africa’s transformative constitution, which enshrines human rights and equality. Charne Tracey stated the plaintiffs aim to enter into dialogue with the South African government
to discuss reparations, acknowledging that they must carry a legal stick if their voices are going to be listened to.
The case could also pave the way for criminal charges against surviving perpetrators, if any remain.
The outcome of the lawsuit hinges on whether the High Court certifies the class action and declares the Indemnity Act unconstitutional. If successful, it would mark a legal victory for apartheid-era victims, though the government has yet to respond publicly. Activists like Tsoana Nhlapo stressed the importance of remembering the massacre beyond its designation as Human Rights Day, noting that official figures risk turning people into statistics.
The case underscores the enduring legacy of apartheid, with survivors demanding not just financial compensation but systemic reckoning. As one survivor put it, It is really sad and heartbreaking
to still be fighting for justice decades later. The legal battle now sits at the intersection of historical accountability and contemporary South African law, with implications for how the country addresses its past.
