Sharpeville survivors launch court case to overturn apartheid indemnity law

Eighty-six-year-old Abraham Mofokeng, still bearing a bullet in his spine, and fellow survivor Larazus Magotsi have joined a High Court challenge to the 1961 Indemnity Act that shielded police from liability after the Sharpeville massacre. The suit, brought by Lawyers for Human Rights together with Leigh Day, contends that the law conflicts with South Africa’s 1994 constitution and seeks damages and reparations for the more than 200 injured and the families of the estimated 91 dead.

A certified class action could allow dozens of claimants to sue the state and might open the door to criminal charges against any living officers involved. Constitutional expert Prof Frans Viljoen says repealing the act would help “clean up” the statute book and bring closure to the past. The government has not opposed the filing and continues to encourage victims to apply for existing TRC-based grants. Survivors hope the outcome will aid healing for the Sharpeville community and future generations.