Sharpeville Massacre Survivors Commence Legal Pursuit of Justice in South Africa

The apartheid government enacted the 1961 Indemnity Act after the Sharpeville massacre, shielding police and officials from criminal prosecution or civil liability for actions taken during the incident.

More than three decades after the end of apartheid, the statute remains in force.

Now, the South African NGO Lawyers for Human Rights, in partnership with the UK firm Leigh Day, has filed a High Court case asserting that the Indemnity Act is unconstitutional under the 1994 Constitution.

“Beyond individual compensation, the community seeks reparations to foster healing and recognises that Sharpeville has been neglected,” says Charne Tracey, a lawyer for the case.

Their application seeks certification of a class action, which would allow dozens of victims and the families of those killed to sue the state collectively for the first time, and could also pave the way for criminal charges against any surviving perpetrators.

“No measures have been taken to aid their healing, improve their quality of life, or remedy the long‑term effects of their suffering,” Tracey adds, noting that up to 70 individuals may be part of the class action.

Constitutional law expert Prof Frans Viljoen argues that repealing the outdated law would streamline legislation and bring closure to this chapter of history.

“Although South Africa’s constitution is profoundly transformative, the principle of continuity of statehood permits litigation against the present government,” Viljoen explains.

He adds that any statutes enacted in 1994 remain in effect until Parliament repeals, abolishes, or amends them through constitutional amendment.

Nevertheless, he supports efforts to declare the Indemnity Act unconstitutional in order to cleanse the nation of its legacy.

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