Sharpeville Survivors Sue South Africa Over 1960 Deaths
South Africa · JUSTICE
Key Facts
- —Date The massacre occurred on 21 March 1960 in Sharpeville, South Africa.
- —Death toll Official 1960 police figures say 69 died, but archival research suggests at least 91 were killed.
- —Law The Indemnity Act 61 of 1961 shielded the state from prosecution and civil claims for acts between March 1960 and July 1961.
- —Claimants About 70 survivors and relatives, including Abraham Mofokeng and Lazarus Magotsi, are part of the proposed class action.
- —Legal status The class action was announced on 3 September 2026, but class certification has not yet been granted.
- —Representation Lawyers for Human Rights (LHR) and UK firm Leigh Day are bringing the case.
Survivors and relatives of the 1960 Sharpeville massacre have announced a class action challenging the apartheid-era Indemnity Act.
Survivors and relatives of the Sharpeville massacre have announced a proposed class action against the South African state over the 1960 killings. They want a court to strike down the apartheid-era Indemnity Act that has blocked justice for 65 years.
The class action, announced on 3 September 2026, is not yet certified. It is the first since 1961, despite 224 claims filed in 1960.
The 1960 Massacre
Sharpeville, a Black township south of Johannesburg, saw thousands gather on 21 March 1960 to protest pass laws. Police opened fire without warning, killing many in the back as they fled.
The official 1960 police figures were 69 dead and 180 injured. Peer-reviewed archival research finds at least 91 killed and 238-281 wounded, according to the claimants’ lawyers.
The Indemnity Act 61 of 1961
The apartheid government passed the Indemnity Act in 1961 to cover acts from 21 March 1960 to 5 July 1961. It indemnified the State President, Cabinet, civil service, police, prisons and railways against both civil and criminal liability.
The law remains on the statute books and has blocked all accountability. No officer has ever been prosecuted for the massacre.
The New Class Action
The applicants are about 70 survivors and relatives, including Abraham Mofokeng (86) and Lazarus Magotsi (90). They filed in the South African High Court, but no specific division, filing date or case number has been made public.
They seek class certification, a declaration that the Indemnity Act is unconstitutional, damages, community reparations, and possible criminal charges against surviving perpetrators.
Why the Law Is Unconstitutional
Lawyers say the Act breaches section 34 rights, equality, and rule of law. A permanent remedies bar contradicts democratic values.
The court may order the President and ministers to repeal the Act. If struck down, it could open the door to compensation and criminal accountability.
Previous Reparations Efforts
The Truth and Reconciliation Commission (TRC) identified about 21,000 victims, of whom roughly 17,000 were eligible for reparations. Each received a once-off R30,000 (about US$1,600 at the time) grant, far below the recommended R23,000 (US$1,200) per year for six years.
As of March 2022, the President’s Fund held about R1.9 billion (US$105 million) unspent. How many Sharpeville victims received anything has not been published.
Parallel Legal Efforts
In January 2025, 25 survivors and families filed a damages case, led by Lukhanyo Calata. That case created the Khampepe Commission on 29 May 2025.
The Khampepe Commission is current sitting. It is separate from the Sharpeville class action but reflects broader pressure for accountability on apartheid-era crimes.
Government Response Pending
The government has not filed a detailed response, and no official spokesperson has commented beyond a BBC report. In that report, the government said it had supported apartheid victims and would continue to do so, without opposing survivors’ legal remedies.
That government comment is attributed solely to the BBC. The President and ministers are now on notice through the High Court.
Frequently Asked Questions
What happened at Sharpeville in 1960?
On 21 March 1960, police fired on a protest, killing at least 69. Research suggests over 90 died.
What is the Indemnity Act 61 of 1961?
This apartheid law shielded officials from liability for acts from 1960 to 1961. It covers the Sharpeville massacre.
Who is bringing the class action?
About 70 survivors and relatives, like Abraham Mofokeng, are represented by LHR. UK firm Leigh Day also represents them.
What do the claimants want?
They seek class certification and a ruling that the Act is unconstitutional. They want damages, reparations, and prosecution.
Why is the case being brought now?
Previous reparations were inadequate, and the Indemnity Act has remained in force, so the claimants now challenge its constitutionality directly.
Connected Coverage
Sources: Lawyers for Human Rights; Leigh Day; BBC via Yahoo; Bloomberg; Truth and Reconciliation Commission report; peer-reviewed archival research
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