Shadows still linger over Sharpeville, the township that was the scene of a blood‑stained protest in early 1960. When police opened fire on marchers, the massacre left more than 60 people dead, with many more wounded. One survivor, 86‑year‑old Abraham Mofokeng, still carries a bullet in his spine and a limp from a gunshot to his leg.
Mofokeng, who was 20 at the time, joined the march to protest the oppressive pass laws – a system that confined black South Africans to designated areas and required them to carry a documented passbook. Though the demonstration was meant to be peaceful, police weapons were swarmed over the crowds, resulting in explosions of violence and the deaths of at least 69, numbers that recent research suggests may be as high as 91.
Since the end of apartheid, South Africa has struggled to secure justice for the massacre. A 1961 Indemnity Act was enacted to protect governments and police officers from criminal claims related to the events. Although the country moved into democracy in 1994, the law remains on the books, effectively shielding those who shot the protesters.
In a historic legal push, Lawyers for Human Rights together with the UK law firm Leigh Day have filed a High Court application to declare the Indemnity Act unconstitutional under the post‑apartheid constitution. The suit seeks to certify a class action that could allow victims and their families to claim damages and may bring criminal charges against those responsible.
Charne Tracey, one of the lawyers in the case, said the community’s goal is reparations that help heal the trauma of the past, and that “Sharpeville is still forgotten.” He added that the court action could open avenues for new accountability.
Constitutional scholars like Prof Frans Viljoen argue that repealing the old law would tidy up a patchwork of legislation that does not fit the modern constitution. Whether the court will strike down the act remains to be seen, but the move heralds a potential closing of a dark chapter in South Africa’s history.
