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Sharpeville victims mount high court challenge against apartheid-era indemnity law

Lawyers for Human Rights has petitioned to overturn a 1961 indemnity statute, Al Jazeera reports.

The short version

  • Lawyers for Human Rights filed an application in the Gauteng High Court challenging South Africa's Indemnity Act 61 of 1961 and requesting class-action certification for Sharpeville survivors and victims' dependants.[Al Jazeera]
  • Applicants contend the apartheid-era legislation blocked families from pursuing civil and criminal proceedings following the 1960 police shootings.[Al Jazeera]
  • The High Court has yet to rule on the constitutionality of the law or establish state liability for financial compensation.[Al Jazeera]

Key facts

  • Lawyers for Human Rights has lodged an application in the Gauteng High Court seeking to invalidate the Indemnity Act 61 of 1961 and certify a class action for victims and their families.[Al Jazeera]
  • The applicants argue the apartheid-era law barred survivors and dependants from bringing civil or criminal cases over the Sharpeville killings.[Al Jazeera]
  • Fifty-one Sharpeville survivors were officially granted reparations through the Truth and Reconciliation Commission process, according to Lawyers for Human Rights.[Al Jazeera]
  • Apartheid-era police records registered 69 deaths and 180 injuries, whereas 2024 historical research indicates up to 91 people may have been killed and 238 wounded.[Al Jazeera]

What remains uncertain

  • The Gauteng High Court has not delivered any ruling on the constitutionality of the Indemnity Act or decided if the government bears liability for damages.[Al Jazeera]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.