George Anjay
Abraham Mofokeng, his body a living testament to the brutality of a bygone era, still carries the physical and emotional scars of the Sharpeville massacre, a dark chapter in South African history that unfolded 66 years ago. On March 21, 1960, police opened fire on thousands of peaceful demonstrators protesting against the oppressive pass laws of the white-minority government. Mofokeng, then a 20-year-old man, was among those who survived the indiscriminate gunfire, though a bullet remains lodged in his spine, and a limp serves as a constant reminder of a gunshot wound to his leg. "We weren’t seen as people," the now 86-year-old recounted to the BBC, his voice tinged with the enduring pain of that day. "All you were good for was working. You couldn’t question them, you were supposed to just do as you’re told."
The Sharpeville massacre, a watershed moment that exposed the violent nature of the apartheid regime to the world, was followed by an indemnity law passed a year later, effectively shielding the perpetrators from prosecution. This legislative act has prevented survivors and their families from seeking legal recourse for decades. However, Mofokeng is now at the forefront of a new legal battle, announced on Thursday, which aims to overturn this very law. The protest in Sharpeville resulted in the deaths of at least 69 people, with recent research suggesting the toll could be as high as 91, making it a pivotal event in the anti-apartheid struggle.
Sharpeville, a township south of Johannesburg, bears the indelible marks of its history. While the town name resonates with historical significance, its current state paints a stark picture of neglect and decay. Once-paved roads have largely reverted to dirt, many houses remain the modest, brick structures from the apartheid era, and the landscape is characterized by dry, barren earth and accumulating rubbish. Though the legally entrenched system of racism was dismantled in 1994 with the advent of the country’s first democratic elections and the presidency of Nelson Mandela, the deep scars of apartheid persist.
Efforts towards redress have been made, notably through the Truth and Reconciliation Commission (TRC), established by Mandela’s government to investigate apartheid-era crimes. Yet, for the survivors of Sharpeville, true justice has remained elusive. The Human Rights Precinct, Sharpeville’s local memorial park, stands as a somber monument to the massacre. Within its grounds, 69 white pillars mark the lives lost, each representing a victim of the brutal crackdown.
The protest was ignited by the infamous pass laws, a cornerstone of apartheid’s control over the black population. These laws mandated that black individuals carry a passbook, derisively known as a "dompas" in Afrikaans, severely restricting their movement and enforcing segregation. Possession of this document was a legal necessity; its absence, or being found in a "whites-only" area without authorization, could lead to severe punishment, including beatings and imprisonment. In March 1960, heeding the call from the Pan Africanist Congress, thousands, including Mofokeng, marched against these dehumanizing laws. "The life we were living under apartheid was a life of oppression," Mofokeng stated. "We could not move around freely. We ended up planning to march to the police station against these passbooks that were being used to oppress us."
The demonstration, anticipated to be peaceful, drew thousands. "The police had rifles, machetes, even shields," Mofokeng recalled. "We explained to the police that we didn’t want the passes anymore and we were prepared to go to prison. There was a commotion, then all hell broke loose when the police started shooting." Mofokeng was among the more than 200 injured, and as noted, current research indicates a higher death toll than initially reported.
Larazus Magotsi, now 90 years old, walks among the graves in Sharpeville’s cemetery, where many of the massacre’s victims are interred, including a headstone marking the resting place of a 12-year-old. His eyes well with tears as he recounts the harrowing events. "We heard gunshots and ran and hid inside a store, peeping to see what was happening outside," he said. "People were lying on the ground. When we looked out again, we saw that some were trying to get up, but the police were just shooting at them. Others were using machetes to strike the heads of people who were still moving." Estimates suggest that over 1,300 bullets were fired into the crowd. The immediate aftermath saw police officers walking amongst the fallen, as captured in chilling archival photographs. The only legal action that followed the massacre was an unsuccessful attempt to charge the protesters with affray.
The 1961 Indemnity Act, enacted by the apartheid government in the aftermath of the killings, provided blanket protection to police and government officials against criminal charges and civil claims related to the Sharpeville incident. Despite over three decades of democratic governance, this law remains on the statute books. In a significant development, Lawyers for Human Rights, a South African NGO, in conjunction with the UK-based law firm Leigh Day, has filed a case at the High Court, arguing that the Indemnity Act is unconstitutional under the nation’s post-1994 constitution.
"Apart from the individual damages, what the community’s looking for is basically reparations to enable their healing. They feel as though Sharpeville is a forgotten community," stated Charne Tracey, one of the lawyers involved in the case. The legal application seeks to certify a class action, which, if approved, would empower dozens of victims and their relatives to collectively sue the state. This could also potentially lead to criminal charges against any surviving perpetrators. "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 added, noting that approximately 70 individuals could be part of the class action.
Constitutional law expert Professor Frans Viljoen views the repeal of the old law as crucial for "cleaning up" legislation and decisively closing a chapter on the past. "Although South Africa has a very transformative constitution… The principle of continuity of statehood still applies, which is why the case can be brought against the current state," Viljoen explained. He elaborated that laws existing in 1994 remain in effect until repealed or amended by Parliament. However, he supports the legal challenge to declare the Indemnity Act unconstitutional, asserting it is necessary "to cleanse us of that past."
The TRC, chaired by Archbishop Desmond Tutu, was widely recognized for its role in facilitating dialogue between victims and perpetrators, who were granted amnesty upon full disclosure of their actions. However, a significant criticism of the TRC process was its perceived failure to deliver justice for some, as individuals were not imprisoned for their crimes, and no police officers sought amnesty for their involvement in the Sharpeville shootings.
The South African government has stated its ongoing support for apartheid victims and indicated it would not oppose survivors and families pursuing legal remedies. The Department of Justice reported that 560 TRC-recognized victims of apartheid-era violence have received individual grants totaling approximately $31 million (£23 million). While acknowledging that not all Sharpeville survivors and relatives have been identified, the department encouraged them to come forward. For many in the Sharpeville community, the prospect of restitution offers a beacon of hope for healing from decades of lingering trauma. "Apartheid is dead and buried. A win would bring complete healing, not just for us, but for future generations as well," Mofokeng expressed. "Considering how people died, many have not completely healed."
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atisusanti
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