Survivors and relatives of victims of the 1960 Sharpeville massacre are launching a legal battle in South Africa, seeking to dismantle an apartheid-era law that has shielded the state from accountability for over 60 years. The 1961 Indemnity Act, enacted by the apartheid government, has prevented criminal charges and civil claims related to the events at Sharpeville.
Despite South Africa's transition to democracy more than 30 years ago, the Indemnity Act remains on the statute books. Now, the South African non-governmental organization Lawyers for Human Rights, in collaboration with the UK-based law firm Leigh Day, has filed a case at the High Court. They are arguing that the act is unconstitutional under South Africa's current constitution, which came into effect in 1994.
Charne Tracey, one of the lawyers involved, stated that the community is seeking reparations to aid their healing process, expressing a sentiment that Sharpeville has been a forgotten community. The court application also includes a bid to certify a class action lawsuit. If approved, this would allow dozens of victims and their relatives to collectively sue the state for the first time. It could also potentially open the door for criminal charges against any alleged perpetrators still alive.
"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," Tracey said, noting that approximately 70 people could be involved in the class action.
Legal Precedent and Constitutional Challenge
Constitutional law expert Prof Frans Viljoen emphasized the importance of repealing the old law to