Sharpeville survivors fight for justice 66 years after the massacre
Since 2026, a group of former protestors from the Sharpeville massacre is challenging the South African state, arguing that an indemnity law enacted in 1971 protected police officers from any accountability for the deadly shooting of peaceful demonstrators on 21 March 1960. The litigation is spearheaded by 86‑year‑old Abraham Mofokeng, who still bears a bullet lodged in his spine and a limp from a gunshot to his leg. He says that the violence was inflicted on ordinary people who simply wanted to exercise their human rights.
The legal case, filed by Lawyers for Human Rights together with the UK firm Leigh Day, seeks to declare the Indemnity Act unconstitutional under South Africa’s 1994 constitution. The parties hope that, if the court agrees to certify a class action, the victims and their families could file collective lawsuits against the state and potentially bring some of the surviving perpetrators to justice.
The Indemnity Act, proposed a year after the massacre, was designed to give “indemnity” to government and police officials, shielding them from civil or criminal claims related to Sharpeville. “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,” says a lawyer on the case, Charne Tracey.
Apart from the legal battle, the story of Sharpeville remains a stark reminder of apartheid’s brutality. The township, once bustling with the determined protestors, now has dilapidated roads and an abandoned memorial park that holds 69 white pillars to commemorate those who lost their lives. According to survivor Lazarus Magotsi, the scene still echoes with gunshots and the desperate attempts of the crowd to rise from the ground while police officers continued to shoot.
South Africa’s Truth and Reconciliation Commission, established by former President Nelson Mandela, had granted amnesty to many perpetrators listed as “peaceful” activists, but it did not impose criminal charges against the police who fired on Sharpeville. Critics have argued that this process failed to deliver justice for many victims.
The government has pledged support for victims and acknowledges that many individuals who suffered during apartheid continue to suffer from a lack of restitution. Over $31 million has been granted to 560 recognized victims via the apartheid reparations program, but Sharpeville survivors contend that the case for broader reparations remains unresolved.
If the court ultimately overturns the indemnity law, it would not only provide financial compensation but also serve as an important symbolic act—closing a chapter on the past and validating survivors’ stories for future generations. In the words of Mofokeng, “Apartheid is dead and buried. A win would bring complete healing, not just for us, but for future generations as well.”
