
Survivors and families of victims from the Sharpeville massacre are pursuing legal action to overturn a 1961 law that has shielded those responsible from criminal prosecution and civil claims. The incident occurred on 21 March 1960 when police opened fire on thousands of demonstrators protesting oppressive pass laws that restricted movement for Black South Africans. At least 69 people were killed, with recent research suggesting the death toll may have reached as many as 91, while over 200 others were wounded.
Abraham Mofokeng, now 86 years old, remains one of the visible survivors, carrying a bullet lodged in his spine from the shooting. The protesters had gathered peacefully to demonstrate against the “dompas” or passbooks that Black citizens were forced to carry under apartheid. Mofokeng and other survivors describe attempting to explain their grievances to police before the violence erupted, with accounts indicating that officers used firearms, machetes, and shields against the unarmed crowd. Another survivor, 90-year-old Lazarus Magotsi, recounts witnessing the brutality firsthand, including police shooting people attempting to rise from the ground.
The massacre became a pivotal moment in anti-apartheid history, yet the 1961 Indemnity Act passed by the apartheid government prevented any prosecution of police or officials involved. Despite South Africa’s transition to democracy in 1994 and the establishment of the Truth and Reconciliation Commission, survivors contend they have not achieved justice. The case, filed by Lawyers for Human Rights and UK law firm Leigh Day, argues the indemnity law is unconstitutional under the post-1994 constitution.
The legal challenge seeks to have a class action certified, potentially allowing dozens of victims and relatives to collectively sue the state for damages. Lawyers involved indicate the community views Sharpeville as neglected and seeks both individual reparations and broader remedies to address ongoing trauma and community deterioration. The effort could also potentially enable criminal charges against any surviving perpetrators.
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