Survivors of the Sharpeville Massacre of 1960, one of the defining events of the anti-apartheid struggle, and family members of the victims have filed an application seeking permission to launch a class action lawsuit against the South African government. They accuse the authorities of failing to repeal a 65-year-old law that prevents victims from claiming compensation.
The application, submitted on September 2 to the Gauteng High Court, was signed on behalf of a group of victims by one survivor and two descendants of those killed. They seek to initiate legal proceedings that would compel South African President Cyril Ramaphosa and the ministers of justice and police to take steps to repeal the Indemnity Act No. 61 of 1961.
During the Sharpeville Massacre, police shot dead at least 69 protesters in Sharpeville, south of Johannesburg. The event drew global attention to the struggle against white minority rule.
This case is the latest attempt by those who suffered under apartheid-era crimes to seek justice and compensation. A commission is also ongoing to investigate delays in holding accountable those responsible for crimes committed by South Africa’s security forces during that period.
Details of the lawsuit and government response
«The legal action is being brought as a class action by three lead applicants on behalf of a broader group of victims», according to a joint statement by the South African organization Lawyers for Human Rights and the London-based law firm Leigh Day. «While the massacre is commemorated annually on March 21 as a pivotal moment in South Africa’s history, the grief and trauma of the survivors and their families have largely gone unaddressed».
President Ramaphosa’s spokesman, Vincent Magwenya, said he was not aware of the application filed on September 2. A spokeswoman for the police minister, Kamogelo Mogotsi, referred inquiries to the national police spokesperson, who did not answer a phone call. A spokesperson for the Department of Justice also did not answer a phone call, and no response was received to an email.
The case is being brought on behalf of Abram Mofokeng, an 87-year-old man who was shot in the leg and back during the protest, as well as two individuals aged 71 and 72 whose parents were killed. According to the lawyers, more than 70 survivors of the massacre and family members of the victims have expressed interest in joining the case.
A study published in 2024, based on police records, suggested that up to 91 people may have died and another 238 may have been injured during the massacre. Compensation claims filed in 1960 were invalidated by the indemnity law.
The South African Truth and Reconciliation Commission, which held hearings in the 1990s after the end of apartheid, identified 21,000 victims of the system. In 2003, the government began paying compensation of 30,000 rand (about 4,140 U.S. dollars at the time) to 17,000 of them.
Abram Mofokeng «believes that this compensation was completely inadequate and did not reflect the severity of the injuries and harm he has suffered throughout his life», the lawyers said.
The claimants are now seeking to open negotiations with the government for «proper reparations», said Charne Tracey of Lawyers for Human Rights. «They have no illusions that they will have to resort to legal means if they want their voices to be heard».
Source: Bloomberg
