Survivors and families of victims from the Sharpeville massacre are pursuing a legal challenge to overturn a decades-old indemnity law that has shielded those responsible from prosecution. The massacre occurred on 21 March 1960 when police opened fire on thousands of peaceful protesters demonstrating against apartheid-era pass laws, killing at least 69 people and wounding more than 200 others. Recent research suggests the death toll may have been as high as 91.
Abraham Mofokeng, who was present during the demonstration and still carries bullet wounds from the incident, is among the survivors now participating in the legal case. The 1961 Indemnity Act, enacted shortly after the killings by the apartheid government, granted blanket protection against criminal charges and civil claims for police and government officials involved in the event. Despite the country’s transition to democracy in 1994 and the adoption of a new constitution, this law remains in effect.
The legal challenge, being pursued by South African organization Lawyers for Human Rights alongside UK-based law firm Leigh Day, argues that the indemnity law is unconstitutional under the post-1994 constitution. The case seeks to have the law overturned and aims to certify a class action suit, which would allow dozens of survivors and relatives of the deceased to collectively sue the state for damages. Lawyers involved in the case indicate that approximately 70 people could participate in such a class action.
Beyond financial compensation, survivors emphasize the need for reparations and acknowledgment of their suffering. Legal representatives note that the community feels abandoned and that no meaningful steps have been taken to support healing or improve quality of life for those affected. The potential outcome of the court case could also open the possibility of criminal charges against alleged perpetrators, should any remain alive.
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