Vincent Thamae, a resident of Sharpeville, vividly recalls his grandfather recounting the tragic events of the Sharpeville massacre. This atrocity took place on March 21, 1960, when the apartheid police in South Africa indiscriminately fired upon peaceful demonstrators in a township located south of Johannesburg, resulting in the deaths of numerous men, women, and children.
Thamae, now actively involved with Voices of Sharpeville, has been diligently gathering accounts from survivors and families of victims since 2018. He currently serves as a crucial link between these survivors and a legal team that is assisting them in initiating a class-action lawsuit against the government. The primary objective of this lawsuit is to seek compensation for the victims and their descendants, as well as to urge the government to abolish an outdated apartheid-era law that shields South African officials from accountability for their role in the massacre.
The tragic events unfolded as thousands of individuals in Sharpeville were protesting against apartheid pass laws, which severely restricted movement and enforced racial segregation. Police reports from that time indicated that 69 people were killed and 180 were injured. However, research referenced by the plaintiffs suggests that the actual toll could be higher, with 91 individuals losing their lives and over 238 sustaining injuries.
One survivor, Abram Mofokeng, who was just 20 years old at the time, was shot in the foot and back while attempting to escape the gunfire. Even after all these years, with a bullet still lodged in his back, Mofokeng emphasizes the lasting impact of the massacre, stating, “It is not possible to forget what happened in 1960.”
Mofokeng, along with two other Sharpeville residents, Paulina Mathinye and Ishmael Poho, who lost their fathers during the massacre, are serving as representative plaintiffs in the legal proceedings led by Lawyers for Human Rights. Over 70 survivors and relatives have also expressed their support or interest in joining the litigation.
Despite numerous efforts over the years to seek compensation, the enactment of the Indemnity Act by the government in 1961 shielded officials from legal repercussions and extinguished all existing claims related to the massacre. The persistence of this law, even after the end of apartheid in 1994, has prompted the legal team representing the Sharpeville plaintiffs to demand its repeal, arguing that it violates their constitutional right to access justice.
The ongoing case not only aims to provide justice and reparations to the survivors and victims’ families but also seeks to address the shortcomings of the Truth and Reconciliation Commission process, which had only awarded reparations to a limited number of Sharpeville survivors. Dan Leader, a partner at the human rights law firm Leigh Day supporting the plaintiffs, describes this legal battle as a critical step in South Africa’s journey towards addressing its unresolved past.
If successful in overturning the Indemnity Act, the plaintiffs can proceed with their claims for damages, with the specifics of compensation varying for each claimant and to be determined with the assistance of experts. Thamae, a member of the Pan Africanist Congress political party, envisions reparations extending beyond monetary compensation to encompass long-term benefits such as ensuring access to education for the children of the plaintiffs.
The quest for justice and closure continues for the residents of Sharpeville, as they strive to heal from the deep wounds inflicted by the atrocities of the past. Thamae emphasizes the importance of acknowledging and understanding the profound impact of historical injustices that have reverberated through generations, underscoring the necessity of addressing these unresolved issues for a more equitable and just society.