Pretoria, South Africa – OUT LGBT Well-being welcomes the 6 October judgment by the Equality Court in Gqeberha, which found a shop owner who sought to bar LGBTQ+ customers from his premises guilty of hate speech and unfair discrimination.
In July 2023, Dawood Lagardien placed a sign outside his La Gardi packaging, spice, dairy and baking shop that read: “LGBTQ not welcome at La Gardi – save our children”.
He also created a WhatsApp hate group titled “Our Rights – Anti-LGBTQ+” with hundreds of members. The South African Human Rights Commission (SAHRC) brought the matter before the Equality Court.
In its ruling, the Equality Court dismissed Lagardien’s defence of religious freedom and said he “unfairly discriminated against the LGBTQIA+ community and, in the process, violated their right to equality, dignity and security.”
He was ordered to issue a public apology acknowledging the harm his actions caused and to pay R200,000 in damages to a non-governmental organisation identified by the SAHRC. The court said it would refer the matter to the National Prosecuting Authority (NPA) for a criminal investigation.
In 2023, OUT LGBT Well-being formally lodged a complaint with the SAHRC in the Eastern Cape following the display of the discriminatory sign at La Gardi. The complaint formed part of OUT’s ongoing efforts to challenge discrimination, protect the dignity of LGBTQI+ people and ensure accountability for violations of constitutional rights.
OUT believes the judgment represents not only a victory for the broader LGBTQI+ community but also an important outcome of the human rights advocacy undertaken by civil society organisations in the Eastern Cape.
“A discriminatory sign is never just a sign. It communicates exclusion, legitimises prejudice and contributes to an environment in which hatred and violence can flourish,” says OUT Human Rights Coordinator Sibonelo Ncanana Trower.
“For OUT, this judgment is particularly significant because it demonstrates the importance of reporting human rights violations, pursuing institutional accountability and ensuring that discriminatory conduct is challenged through the appropriate legal mechanisms.”
Ncanana Trower adds: “We commend the South African Human Rights Commission for pursuing this matter before the Equality Court, alongside the Commission for Gender Equality, and acknowledge the contribution of Media Monitoring Africa Trust. We further recognise the courage of LGBTQI+ activists and human rights defenders in the Eastern Cape who continued to challenge discrimination despite the hostility, intimidation and threats associated with this matter.”
OUT remains committed to supporting LGBTQI+ people in accessing justice, documenting human rights violations and strengthening accountability through the National Task Team on SOGIESC (Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics) Matters, Provincial Task Teams and other human rights mechanisms.