Sharpeville massacre survivors demand compensation 66 years after apartheid killing

At least 91 people were killed and 238 wounded in the Sharpeville massacre; survivors and families of victims continue suffering economic hardship and health consequences 66 years later.
We continued to suffer. Especially now I am struggling.
Abraham Mofokeng, a Sharpeville massacre survivor carrying a bullet in his spine for 66 years, on why he is suing for compensation.
Mark

Why does a case filed in 2026 matter so much? The massacre happened in 1960. Isn't this just old history?

Mimi

Because the survivors are still alive and still suffering. Mofokeng carries a bullet in his spine. Mathinye never became a teacher because her father was killed. These aren't abstract historical wrongs—they're people whose lives were truncated.

Luke

But I want to be clear about what we know. The compensation they're seeking is about twenty-three thousand pounds each. That's real money, but it's also not going to undo sixty-six years of lost opportunity. Is this case actually winnable?

Mimi

That depends on whether the court agrees the 1961 indemnity law is unconstitutional. The claimants' lawyers are arguing it is. If they win, dozens more could file claims.

Mark

What's the indemnity law, exactly?

Mimi

It's a law the apartheid government passed to shield itself and its agents from prosecution for actions taken to maintain order. It was made retroactive to cover the massacre itself.

Luke

So the government essentially wrote itself immunity after the fact. But here's what I need to know: has any court actually ruled on whether that law violates the post-apartheid constitution? Or is this the first real test?

Mimi

This appears to be a significant test case. There's been litigation over other apartheid crimes, but this specific challenge to the indemnity law is central to what makes this claim novel.

Mark

Why now? Why are survivors pushing this in 2026 and not earlier?

Mimi

Partly because the Truth and Reconciliation Commission process disappointed people. Mofokeng got a one-time payment of thirty thousand rand when the TRC concluded in 2003. The commission had recommended annual payments for six years. Those never happened.

Luke

So there's a gap between what the TRC recommended and what actually got paid. That's important context. But I also want to know: is there any indication the government is going to fight this, or are they staying silent?

Mimi

They haven't responded to requests for comment. That silence itself is telling.

Mark

What happens if they win?

Mimi

If the test case succeeds, it opens the door for dozens more survivors and families to file claims. It also signals that South Africa's legal system is willing to revisit apartheid-era immunity laws.

Luke

And if they lose?

Mimi

Then the indemnity law stands, and the door closes. For now.

  • At least 91 people killed, 238 wounded in Sharpeville massacre on March 21, 1960
  • Abraham Mofokeng, now 86, shot twice and still carries a bullet lodged in his spine
  • 1961 apartheid-era indemnity law shielded government from prosecution; claimants argue it is unconstitutional
  • Claimants seeking approximately £23,000 each in compensation; Mofokeng previously received only one-time payment of 30,000 rand in 2003

Police killed at least 91 protesters and wounded 238 during a peaceful 1960 pass law demonstration in Sharpeville township, with survivor Abraham Mofokeng still carrying a bullet in his spine. A 1961 apartheid-era law indemnified the government from prosecution; claimants argue it is unconstitutional and seek ~£23,000 compensation each, far exceeding the one-time TRC payments received.

Survivors of South Africa's 1960 Sharpeville massacre are suing the government for compensation, challenging a 1961 indemnity law. The case is part of growing litigation over apartheid-era crimes amid disillusionment with post-apartheid governance.

On a clear morning in March 1960, Abraham Mofokeng was twenty years old and working in a factory when he joined thousands of others gathering outside a police station in Sharpeville, a township forty miles south of Johannesburg. They had come to protest pass laws—regulations that required Black, Indian, and Coloured South Africans to carry documents at all times specifying where they were permitted to travel and live. The Pan Africanist Congress had organized dozens of similar demonstrations across the country that day. The weather was bright. No one expected what would follow.

Without warning, police opened fire on the crowd. At least ninety-one people were killed and two hundred thirty-eight wounded in what became known as the Sharpeville massacre. Mofokeng was shot twice—a bullet grazed his right foot as he fled, and another lodged itself in his spine, where it remains sixty-six years later. He watched a woman fall in front of him and kept running, only realizing he had been hit when he saw blood running down his legs.

Now eighty-six, Mofokeng is one of three survivors suing the South African government for compensation. The case, filed in September 2026, represents a test claim that could open the door for dozens more. He is seeking approximately twenty-three thousand pounds—a sum that reflects not just the immediate injury but the decades of suffering that followed. After the Truth and Reconciliation Commission concluded its work in 2003, Mofokeng received a single payment of thirty thousand rand. The commission had recommended annual payments of twenty thousand rand for six years, but those never materialized. "We continued to suffer," he said. "Especially now I am struggling and my health is not up to standard."

The other two claimants were children when their fathers died that day. Paulina Mathinye was five years old when her father, Samson, was shot. She remembered running to greet him when he returned from work, and he would lift her up. After the massacre, she kept asking her mother why she was crying, not understanding what had happened. Her mother, left to raise five children on a domestic worker's wages, could not afford to send Paulina to teacher training college. She left school at seventeen to find work instead. Now seventy-one, Mathinye still lives in the same house her father did. "Some of my friends are teachers, some of them are nurses," she said, "and I'm staying in the same house that my father did."

In the immediate aftermath of the shooting, police claimed protesters had been throwing rocks. The local police commander told the Guardian the next day that he did not know how many shots were fired, that the crowd had surrounded the station, and that if people "do these things they must learn their lesson the hard way." Four months later, in July 1961, the white minority government passed a law indemnifying itself and anyone acting under its authority from prosecution for actions taken "in good faith" to prevent disorder or maintain public safety. The law was made retroactive to the date of the massacre and remains in force today. The claimants' legal team argues it is unconstitutional.

This compensation case is part of a broader wave of litigation demanding accountability for apartheid-era crimes. In January 2025, twenty-five survivors and relatives of victims sued the government for failing to prosecute cases that the Truth and Reconciliation Commission had referred to prosecutors. That May, President Cyril Ramaphosa announced a judicial inquiry into potential political interference in those decisions—an inquiry still ongoing. The litigation reflects deepening disillusionment with ANC-led governments that have failed, over more than three decades since apartheid ended, to address South Africa's vast racial inequality and poverty.

Vincent Thamae, a Pan Africanist Congress member supporting the massacre victims, framed the compensation claim in broader terms. The dispossession of Black South Africans began long before 1960—with forced removals from productive land, exclusion from the economy, and confinement to townships. "When people talk about compensation now," he said, "compensation is a concept to them that includes all the land that they lost, the economy that they were taken out of and even how they have been treated in the new democracy." If this test case succeeds, it will signal that the legal reckoning with apartheid is far from over.

The weather was very nice, the sun was out. You could not have suspected that the day would go so horribly.
— Abraham Mofokeng, survivor, recalling the morning of March 21, 1960
When people talk about compensation now, compensation is a concept to them that includes all the land that they lost, the economy that they were taken out of and even how they have been treated in the new democracy.
— Vincent Thamae, Pan Africanist Congress member supporting the massacre victims
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