The South African Human Rights Commission (SAHRC) has launched legal proceedings against Gqeberha-based shop owner Dawood Lagardien, citing discrimination and hate speech over a sign displayed outside his business that read: “LGBTQ not welcome at La Gardi — Save our children.”
The matter is scheduled to be heard in the Equality Court, sitting in the East London High Court on Monday.
Allegations of Hate Speech and Harassment
The SAHRC alleges that the signage and Lagardien’s online conduct violate sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), commonly known as the Equality Act.
“The signage was intended to exclude members of the LGBTQ+ community from accessing services at the business,” the Commission stated.
The Commission further revealed that Lagardien had established and actively managed a WhatsApp group titled “Our Rights — anti LGBTQ+”, which featured statements and content that allegedly incite harm against members of the lesbian, gay, bisexual, transgender, queer, intersex, asexual+ (LGBTQIA+) community.
Upholding Human Rights and Equality
In its official statement, the SAHRC reiterated the constitutional importance of non-discrimination and equality, noting its legal mandate under Section 13(3)(b) of the SAHRC Act to initiate court proceedings either in its own name or on behalf of affected individuals or groups.
“The Commission emphasises the critical importance of fostering a society rooted in non-discrimination and the active promotion of human dignity, equality, and freedom for all,” it said.
The SAHRC has called for accountability and hopes the legal action will set a precedent for protecting the rights of marginalised communities in South Africa.
Background and Next Steps
The case will be presented in the Equality Court, a special forum designated to handle matters involving unfair discrimination, hate speech, and harassment. Should the court find Lagardien guilty, penalties may include fines, damages, or mandatory sensitivity training, among other remedies.
The SAHRC continues to encourage the public to report acts of discrimination and hate speech, reaffirming its zero-tolerance approach toward any form of bigotry or exclusion.
