Survivors of the 1960 Sharpeville Massacre and their families are taking legal action against the South African government to overturn apartheid-era legislation that has prevented them from seeking justice and reparations for decades.
The Sharpeville Massacre of 1960 remains a dark stain on South Africa’s history. On March 21 of that year, apartheid-era police opened fire on unarmed protesters, killing at least 91 people and injuring 238. The massacre became a pivotal moment in the struggle against apartheid, but for the survivors and families of the victims, the fight for justice is far from over.
More than six decades later, survivors and relatives are challenging the Indemnity Act 61 of 1961 an apartheid-era law that has prevented them from pursuing civil and criminal proceedings related to the massacre. Lawyers for Human Rights has filed an application in the Gauteng High Court to declare the Act unconstitutional and invalid, seeking certification for a class action involving survivors who were shot and dependents of those killed.
The Human Cost of the Sharpeville Massacre
The Sharpeville Massacre had devastating consequences for the families of those killed and injured. Paulina Mathinye, who was just five years old when her father was killed, recalls the hardships her family faced.
Her father had been the family’s breadwinner, and after his death, her mother worked as a domestic worker to support five children. Mathinye remembers going to bed with empty stomachs and struggling to afford even a candle for light.
Ishmael Poho, who was six years old when his father was killed, also speaks of the profound impact the massacre had on his life. His mother, who did not speak English, eventually found work as a domestic worker in a nearby white neighborhood. Poho and his siblings worked to support the household as they grew older. The loss of their fathers not only caused emotional trauma but also had long-lasting financial and educational consequences.
The Legal Battle for Redress
The effort to seek redress is not new. Immediately after the massacre, victims and families attempted to pursue claims, but they were barred by the Indemnity Act. The current case challenges that barrier, arguing that the Act created a legal obstacle to civil and criminal proceedings arising from the massacre.
Lawyers for Human Rights is asking the High Court to declare the Indemnity Act unconstitutional and invalid. The applicants must first persuade the court to grant the constitutional relief they seek and certify the proposed class action. If the case proceeds, individual claims for damages could then be pursued. More than 70 survivors and relatives have expressed support for or interest in the proposed litigation.
The Broader Impact of the Massacre
The effects of the Sharpeville Massacre reached far beyond those who were shot. Vincent Thamae, a member of Voices of Sharpeville, argues that the entire township was a victim. The massacre not only caused immediate physical and emotional harm but also had long-term consequences for the community, including financial struggles and limited educational opportunities.
For families like Mathinye’s and Poho’s, the question is not only what was lost in 1960 but also what might have been different in the decades that followed. They seek not just compensation but also better housing and educational opportunities for their children. The case is urgent, as many of the survivors are now elderly, and some who spent decades seeking redress have died without seeing the matter resolved.
The Sharpeville Massacre is remembered as a turning point in South Africa’s history, and March 21 is now commemorated as Human Rights Day. However, for the families who lived through the massacre, remembrance has not amounted to redress. The legal battle for justice continues, and the survivors and families remain hopeful that their fight will finally be heard.
