Indemnity Act, 1961: Difference between revisions
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The act indemnified the [[State President of South Africa|State President]], the [[Cabinet of South Africa|Cabinet]], all members of the civil service, the [[South African Defence Force|defence force]], the [[South African Police|police force]], the [[South African Railways and Harbours|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]], essential services, life or property.<ref name=salrc /><ref>[http://www.justice.gov.za/legislation/acts/1961-061.pdf Indemnity Act 61 of 1961]</ref> |
The act indemnified the [[State President of South Africa|State President]], the [[Cabinet of South Africa|Cabinet]], all members of the civil service, the [[South African Defence Force|defence force]], the [[South African Police|police force]], the [[South African Railways and Harbours|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]], essential services, life or property.<ref name=salrc /><ref>[http://www.justice.gov.za/legislation/acts/1961-061.pdf Indemnity Act 61 of 1961]</ref> |
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The act was precipitated by 224 civil claims for damages, amounting to approximately [[South African pound|£]]400,000 ([[South African rand|R]]800,000), served against the [[Minister of Justice (South Africa)|Minister of Justice]] in September 1960 by victims of Sharpeville and their relatives.<ref>{{cite web |title=The Sharpeville Massacre: A watershed in South Africa |first=Ambrose |last=Reeves |year=1966 |url=http://www.sahistory.org.za/topic/sharpeville-massacre-watershed-south-africa-reverend-ambrose-reeves |accessdate=3 December 2012}}</ref> 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]]'' payments, but few were actually paid out.<ref>{{cite web |title=Sharpeville Massacre: World Condemnation and Political Aftermath |first=Alistair |last=Boddy-Evans |work=About.com African History |url=http://africanhistory.about.com/od/apartheid/a/SharpevilleMassacrePt3.htm |accessdate=3 December 2012}}</ref> |
The act was precipitated by 224 civil claims for damages, amounting to approximately [[South African pound|£]]400,000 ([[South African rand|R]]800,000), served against the [[Minister of Justice (South Africa)|Minister of Justice]] in September 1960 by victims of Sharpeville and their relatives.<ref>{{cite web |title=The Sharpeville Massacre: A watershed in South Africa |first=Ambrose |last=Reeves |year=1966 |url=http://www.sahistory.org.za/topic/sharpeville-massacre-watershed-south-africa-reverend-ambrose-reeves |accessdate=3 December 2012 |deadurl=yes |archiveurl=https://web.archive.org/web/20121114153541/http://www.sahistory.org.za/topic/sharpeville-massacre-watershed-south-africa-reverend-ambrose-reeves |archivedate=14 November 2012 |df= }}</ref> 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]]'' payments, but few were actually paid out.<ref>{{cite web |title=Sharpeville Massacre: World Condemnation and Political Aftermath |first=Alistair |last=Boddy-Evans |work=About.com African History |url=http://africanhistory.about.com/od/apartheid/a/SharpevilleMassacrePt3.htm |accessdate=3 December 2012}}</ref> |
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The act remains on the statute-books, although any claims to which it would apply would have [[period of prescription|prescribed]] (expired). It is also inconsistent with the modern [[Constitution of South Africa]], which guarantees the right of access to the courts. The [[South African Law Reform Commission]] has recommended that it should be repealed.<ref name=salrc/> |
The act remains on the statute-books, although any claims to which it would apply would have [[period of prescription|prescribed]] (expired). It is also inconsistent with the modern [[Constitution of South Africa]], which guarantees the right of access to the courts. The [[South African Law Reform Commission]] has recommended that it should be repealed.<ref name=salrc/> |
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Revision as of 21:54, 12 November 2017
| Indemnity Act, 1961 | |
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| Parliament of South Africa | |
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| Citation | Act No. 61 of 1961 |
| Enacted by | Parliament of South Africa |
| Assented to | 28 June 1961 |
| Commenced | 5 July 1961 |
| Status: Spent | |
The Indemnity Act 61 of 1961 was a law enacted by the apartheid government in South Africa, 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.[1]
The act indemnified the State President, the Cabinet, all members of the civil service, the defence force, the police force, 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, essential services, life or property.[1][2]
The act was precipitated by 224 civil claims for damages, amounting to approximately £400,000 (R800,000), served against the Minister of Justice in September 1960 by victims of Sharpeville and their relatives.[3] 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 payments, but few were actually paid out.[4]
The act remains on the statute-books, although any claims to which it would apply would have prescribed (expired). It is also inconsistent with the modern Constitution of South Africa, which guarantees the right of access to the courts. The South African Law Reform Commission has recommended that it should be repealed.[1]
References
- ^ a b c Discussion Paper 129: Project 25: Statutory Law Revision: Legislation administered by the Department of Justice and Constitutional Development (PDF) (Report). South African Law Reform Commission. October 2011. pp. 49–50. Retrieved 3 December 2012.
- ^ Indemnity Act 61 of 1961
- ^ Reeves, Ambrose (1966). "The Sharpeville Massacre: A watershed in South Africa". Archived from the original on 14 November 2012. Retrieved 3 December 2012.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Boddy-Evans, Alistair. "Sharpeville Massacre: World Condemnation and Political Aftermath". About.com African History. Retrieved 3 December 2012.
External links
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