Survivors of South Africa’s 1960 Sharpeville massacre have launched a legal battle to overturn a 1961 law shielding apartheid-era officials from accountability, seeking reparations and recognition of systemic injustice.
The 1961 Indemnity Act, enacted by the apartheid government to protect police and officials from liability for the massacre, remains on the statute books despite South Africa’s democratic transition in 1994. Lawyers for Human Rights, alongside UK-based firm Leigh Day, filed a High Court case arguing the law is unconstitutional under the new constitution that came into effect in 1994.
A Legal Challenge to “Cleanse the Past”
Charne Tracey, one of the lawyers on the case, emphasized that the lawsuit seeks not only compensation but also reparations to enable their healing
for a community that feels as though Sharpeville is a forgotten community. The case aims to certify a class action, potentially involving over 70 survivors and relatives of victims, to collectively sue the state. Tracey said that nothing has been done that assists with their healing and improvement of their quality of life, or remedy the long-term effects of what they’ve suffered, citing long-standing neglect of the Sharpeville community.
Constitutional law expert Prof Frans Viljoen argued that repealing the Indemnity Act would cleanse us of that past
and close a chapter on the past. He noted that while South Africa has a very transformative constitution, the principle of continuity of statehood still applies, which is why the case caneman be brought against the current state. Viljoen stated that if there were laws in our statute book in 1994, the constitution explicitly says they remain in force until parliament repeals them, abolishes them or changes them, underscoring the legal basis for the challenge.
Survivors’ Trauma and the Fight for Recognition
Abram Mofokeng, 87, was 20 when he survived the massacre, shot in the foot and back. A bullet remains lodged in his back, a physical reminder of the day police opened fire on protesters demanding an end to pass laws. We weren’t seen as people,
he recalled, describing the dehumanizing regime that forced Black South Africans to carry a document known as a passbook, known as “dompas” in Afrikaans, to restrict their movement. Mofokeng recalled that all you were good for was working. You couldn’t question them, you were supposed to just do as you’re told.
Before Thursday’s announcement, family members of victims retraced the protesters’ route in a silent walk of witness. Mofokeng said that it is not possible to forget what happened in 1960. His story is echoed by others, including Sello Theodore, 86, who said the violence left him deeply scarred, saying Theodore said that his heart is painful and sore. For Mpai Chabane, 39, the legal fight is also a generational reckoning. Her grandmother, Martha Thinane, was among those killed, and Chabane described the loss as truly sad and heartbreaking. Chabane said that justice for them would be compensation because they have been waiting since forever.
The Massacre’s Legacy and Disputed Toll
The Sharpeville Massacre became a defining moment in the fight against white-minority rule, exposing apartheid’s brutality to the world. Police opened fire on protesters outside the Sharpeville police station on March 21, 1960, killing 69 people and wounding at least 180, according to official records. However, subsequent research cited by the lawyers found at least 91 people were killed and more than 238 wounded. The discrepancy highlights ongoing debates about the full scale of the violence, which became a symbol of apartheid’s brutality and drew international condemnation.
The massacre’s aftermath saw around 258 claims filed, but the government later enacted the Indemnity Act of 1961, shielding officials from legal liability and extinguishing the claims. Only about a third resulted in discretionary payments, totaling less than 4% of what claimants had sought. The lawsuit now seeks to overturn this barrier, arguing that it violates their constitutional right of access to the courts.
Reconciliation and the Limits of the Truth Commission
The Truth and Reconciliation Commission (TRC) process resulted in only 51 Sharpeville survivors being formally awarded reparations, leaving many to feel they have not seen justice. Nhlapo said that but that then erases the history of what happened here.
The legal action also seeks to address gaps left by the Truth and Reconciliation Commission process. Poho said that this is not a case for an individual as such. Poho said that it is a case for every other person who suffers an injustice.
What’s Next for the Case?
The outcome of the lawsuit could set a precedent for addressing apartheid-era crimes, but challenges remain. The government had not yet responded to queries by the time of publication, and the legal process may take years. Meanwhile, survivors like Mofokeng stress that the fight is about more than money. Mofokeng said that it is not possible to forget what happened in 1960. Mofokeng said that he could not go a day without thinking about how they had been affected.
The case also raises broader questions about accountability for historical injustices. As Dan Leader, a partner at British human rights law firm Leigh Day, noted, Leader noted that this is a time of reckoning for modern South Africa. For Sharpeville’s survivors, the legal battle is both a demand for justice and a plea to remember a chapter of history that, despite its scars, continues to shape the nation.
