Vincent Thamae recalls his grandfather recounting stories about the tragic events of the Sharpeville massacre. Occurring on March 21, 1960, the apartheid police in South Africa fired upon unarmed demonstrators in a township near Johannesburg, resulting in the deaths of numerous individuals, including men, women, and children.
Thamae, a resident of Sharpeville, shared that his understanding of the horrific incident evolved over time, realizing the inhumane nature of the perpetrators as described by his grandfather. Since 2018, Thamae has been gathering accounts from survivors and families of victims for Voices of Sharpeville. Presently, he serves as a connection between these survivors and a legal team assisting them in initiating a group lawsuit against the government.
The legal action aims to secure compensation for both the victims and their offspring, urging the government to revoke an apartheid-era law that shields officials from accountability regarding the massacre. The unrest in Sharpeville at the time stemmed from opposition to apartheid pass laws, which imposed restrictions on movement and enforced racial segregation.
Official reports indicate that 69 individuals perished and 180 sustained injuries during the massacre, although plaintiff-referenced research suggests higher casualties at 91 dead and over 238 wounded. Abram Mofokeng, now 87, was shot in the foot and back while attempting to flee the violence at the age of 20, with a bullet still lodged in his back. Reflecting on the tragedy, Mofokeng emphasizes the lasting impact and his inability to forget the harrowing events of 1960.
Mofokeng, alongside two other Sharpeville locals, Abram Mofokeng, Paulina Mathinye, and Ishmael Poho, who lost their fathers during the massacre as children, have taken on roles as representative plaintiffs in the lawsuit led by Lawyers for Human Rights. Over 70 survivors and relatives have shown interest in supporting or joining the legal proceedings.
Despite previous attempts to seek redress through around 258 claims following the massacre, the Indemnity Act enacted in 1961 by the government shielded officials from legal repercussions, leading to the dismissal of these claims. Even after the official end of apartheid in 1994, this law remains in force today. The legal team representing the Sharpeville plaintiffs calls for the repeal of the Indemnity Act, arguing that it infringes upon their clients’ constitutional right to access justice.
In addition to seeking financial restitution, the case also aims to address the shortcomings of the Truth and Reconciliation Commission process, which awarded reparations to only 51 Sharpeville survivors formally. British human rights law firm Leigh Day, supporting the plaintiffs, views this legal action as a crucial step in addressing South Africa’s unresolved historical injustices.
If successful in overturning the Indemnity Act, the plaintiffs’ claims for damages can proceed, with individual compensation amounts to be determined in consultation with experts. Vincent Thamae, affiliated with the Pan Africanist Congress political party, envisions reparations extending beyond monetary compensation to encompass sustained benefits such as ensuring access to education for the plaintiffs’ descendants.
The process of gathering accounts from survivors and victims’ descendants has been a slow and emotionally taxing endeavor for Thamae, reopening old wounds that never fully healed. The impact of land dispossession by South Africa’s apartheid regime on the residents of Sharpeville continues to reverberate through generations, hindering their participation in the country’s economy.
Thamae highlights the ongoing struggle to comprehend the atrocities committed by the government against its own people, emphasizing the unresolved trauma that lingers within the community.