The Indemnity Act 61 of 1961 was a law enacted by the

apartheid Apartheid ( , especially South African English: , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...

government in

South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...

, which protected the government from any legal repercussions of the Sharpeville massacre and other violent events that followed. It prevented the courts from hearing any criminal charges or civil claims against the government, its leaders or its employees for actions taken between 21 March 1960 and 5 July 1961. The act indemnified the

State President The State President of the Republic of South Africa () was the head of state of South Africa from 1961 to 1994. The office was established when the country became a republic on 31 May 1961, outside the Commonwealth of Nations, and Queen Eli ...

, the

Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...

, all members of the civil service, the defence force, the

police force The police are a constituted body of people empowered by a state with the aim of enforcing the law and protecting the public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizen ...

, the railways and harbours service, the prison service, and anyone else acting under their direction. It applied to any actions taken, orders given, or information published "in good faith" between the specified dates to protect

public order Public order may refer to * Public security: the prevention of and protection from events that could endanger the safety and security of the public from significant danger or property damage * Public order policing: police maintenance of order ...

, essential services, life or property. The act was precipitated by 224 civil claims for damages, amounting to approximately £400,000 ( R800,000), served against the

Minister of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

in September 1960 by victims of Sharpeville and their relatives. All these claims were nullified by the act. In response to public pressure, the government set up a committee to examine the claims and to recommend ''

ex gratia (; also spelled ''ex-gratia'') is Latin for "by favor", and is most often used in a legal context. When something has been done ''ex gratia'', it has been done voluntarily, out of kindness or grace. In law, an ''ex gratia payment'' is a payment ...

'' payments, but few were actually paid out. The act remains on the statute-books, although any claims to which it would apply would have been prescribed (expired). It is also inconsistent with the modern

Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of t ...

, which guarantees the right of access to the courts. The

South African Law Reform Commission The South African Law Reform Commission (SALRC) is a law reform commission which investigates the state of South African law and makes proposals for its reform to Parliament and the provincial legislatures. It is an independent advisory statutory ...

has recommended that it should be repealed.

References

External links

Text of the act
Apartheid laws in South Africa 1961 in South African law {{Statute-stub