Gauteng High Court: Sharpeville Class Action Challenges Indemnity Act 1961

• Survivors and descendants of the 1960 Sharpeville Massacre have filed a class action in the Gauteng High Court against the South African government.
• The lawsuit seeks to compel the repeal of the 65-year-old Indemnity Act 61 of 1961, which currently prevents victims from claiming damages.
• Lead plaintiff Abram Mofokeng, an 87-year-old survivor, considers previous government compensation of R30,000 to be "completely inadequate."
• The application, filed on September 2, targets President Cyril Ramaphosa, Justice and Constitutional Development Minister Mmamoloko Kubayi, and Acting Police Minister Firoz Cachalia.
• This legal challenge could set a significant precedent for future claims seeking justice and compensation for apartheid-era human rights abuses.

This legal challenge represents a significant effort to secure justice and compensation for apartheid-era human rights abuses, potentially setting a precedent for similar claims against historical indemnity laws.

A new legal challenge has emerged in South Africa, as survivors and descendants of the 1960 Sharpeville Massacre have filed an application in the Gauteng High Court. This class action seeks to compel the South African government, including President Cyril Ramaphosa, Justice and Constitutional Development Minister Mmamoloko Kubayi, and Acting Police Minister Firoz Cachalia, to repeal the Indemnity Act 61 of 1961. This 65-year-old legislation currently prevents victims from seeking damages for the atrocities committed during the apartheid era.

The application, lodged on September 2, was brought by one survivor and two descendants on behalf of a broader group of victims. Lawyers for Human Rights and the London-based firm Leigh Day are representing the plaintiffs, who include 87-year-old Abram Mofokeng, a survivor shot in the foot and back during the protest, and two individuals aged 71 and 72 whose fathers were killed. More than 70 other survivors and family members have expressed interest in joining the case.

Official responses to the application have been limited; Vincent Magwenya, President Ramaphosa’s spokesman, stated he was unaware of the filing. Kamogelo Mogotsi, spokeswoman for the police minister, directed inquiries to the national police spokeswoman, who did not answer calls. Similarly, calls to the justice department spokesman went unanswered, and an email sent outside of normal office hours received no reply.

The Sharpeville Massacre, a pivotal event in the anti-apartheid struggle, occurred when police opened fire on protesters south of Johannesburg, killing at least 69 people. This brutal act brought international attention to the fight against White-minority rule in South Africa. Recent research from 2024, utilizing police records, suggests the death toll may have been as high as 91, with 238 individuals injured.

Despite its annual commemoration on March 21 as a landmark event in South African history, the profound grief and trauma experienced by the survivors and their families have largely been overlooked. The current legal action highlights this ongoing neglect, aiming to provide a pathway for justice that has long been denied due to the existing indemnity legislation.

The Indemnity Act 61 of 1961 played a crucial role in invalidating claims for damages filed in 1960, effectively shielding the apartheid government from accountability. This historical context is vital to understanding the current legal challenge, which is the latest in a series of attempts by those affected by apartheid-era crimes to secure justice and compensation. An ongoing commission of inquiry is also examining delays in prosecuting crimes committed by South African security forces during that period.

Following the end of apartheid, the Truth and Reconciliation Commission (TRC) held hearings in the 1990s, identifying 21,000 victims of the system. In 2003, the government initiated compensation payments, providing R30,000 (approximately $4,140 at the time) to 17,000 of these victims. However, lead plaintiff Abram Mofokeng views this compensation as "completely inadequate" and insufficient to address the severe, lifelong injuries and harm he endured.

This class action concerning the Sharpeville Massacre and the Indemnity Act 1961 could establish a significant precedent for challenging historical indemnity laws in South Africa. By seeking the repeal of a 65-year-old statute, the plaintiffs aim to open the door for further class actions pursuing damages for apartheid-era human rights abuses. This legal battle underscores the persistent demand for accountability and redress for past injustices.

The outcome of this case will be closely watched for its potential implications on governmental liability for historical wrongs, the viability of historical justice claims, and the possibility of similar challenges to long-standing legislation that has historically protected perpetrators. This legal challenge represents a significant effort to secure justice and compensation for apartheid-era human rights abuses, potentially setting a precedent for similar claims against historical indemnity laws.

This case could set a significant precedent for challenging historical indemnity laws in South Africa, potentially opening the door for further class actions seeking damages for apartheid-era human rights abuses. Lawyers should monitor its progress for implications on governmental liability, historical justice claims, and the potential for similar challenges to long-standing legislation.

Source: Original reporting via source