‘LGBTQ not welcome’ sign lands Eastern Cape shop owner in Equality Court

The South African Human Rights Commission (SAHRC) has referred to the Equality Court a Gqeberha shop owner who displayed an anti-LGBTQ+ sign outside his business. The commission has given him until August 10 to respond.

This just weeks after the commission for gender equality (CGE) also filed a complaint at the same court.

Images of the sign appeared on social media last month. It read: “LGBTQ not welcome at La Gardi. Save our children!” and cited its right of admission reserved policy.

The shop is owned by Dawood Lagardien.

Citizens and organisations were outraged and reported him to the SAHRC, which confirmed an investigation had been launched.

On July 26 the Equality Court invited Lagardien to respond to the complaints and submit information “you wish to bring to the attention of the presiding officer relating to your personal circumstances (eg your financial and socioeconomic position)”.

“You may also indicate whether the matter in your opinion should be heard by the court or any other form, stating reasons for your preference,” it said in a letter. 

The commission also submitted an affidavit compiled by commissioner Andre Hurtley Guam outlining its case against Lagardien.

It stated that he first displayed the sign on July 10 and “subsequently refused to remove or take down the impugned sign”.

“He has also been unapologetic in several media engagements regarding his discriminatory stance against the LGBT+ community and continues to publicly deny and/or support the denial of services to members from this community,” Guam said.

“Equally concerning is the creation of the WhatsApp group which continues to incite and further proliferate hate towards the LGBT+ community.”

The group was apparently created on July 16 by Lagardien and contains a profile picture that references an offensive name for gay people.

The commission argued that Lagardien, in his “brazen conduct, unfairly discriminated against the LGBT+ community on the basis of their sexual orientation”.

Lagardien said he did so “in the name of his preferred religion”.

The commission is seeking an order that Lagardien's conduct “constitutes hate speech, unfair discrimination and harassment”.

It wants “an interdict restraining Lagardien from engaging in any further hate speech, unfair discrimination or harassment against individuals based on their sexual orientation or gender identity”. Further, it seeks an order directing Lagardien to issue a public apology acknowledging the harm he caused.

The commission also wants Lagardien to pay a R500,000 fine to benefit an NGO identified by the SAHRC which actively promotes equality and for the matter to be referred to the National Prosecuting Authority for a criminal investigation.

“The commission submits that an urgent grant of relief is essential to prevent further harm, address the immediate impact of hate speech, unfair discrimination and harassment, ensure the protection of the rights and dignity of individuals from the LGBT+ community, and send a strong message against such conduct,” it said.

The Commission for Gender Equality said it had referred the matter to the court as it "believes that the restriction, exclusion and distinction of LGBTIQ+ persons at the LaGardi shop is not rational nor justifiable and contravenes inter alia section 8 of Pepuda [promotion of equality and prevention of unfair discrimination act] that prohibits unfair discrimination against any persons on the ground of gender".

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