SAHRC takes legal action against Gqeberha shop owner for displaying anti-LGBTQ+ sign

The South African Human Rights Commission (SAHRC) has announced it is initiating legal proceedings against a Gqeberha shop owner, Dawood Lagardien, for publicly displaying an anti-LGBTQ+ sign outside his business.

The commission alleges the sign constitutes discrimination, hate speech and harassment against the LGBTQ+ community.

The sign displayed outside Lagardien’s business read: “LGBTQ not welcome at La Gardi — Save our children.”

According to the SAHRC, the signage was intended to exclude members of the lesbian, gay, bisexual, transgender, queer, intersex and asexual+ (LGBTQ+) community from accessing services offered by the business.

“In addition, the respondent established and actively managed a WhatsApp group titled ‘Our Rights — anti LGBTQ+’, which contains statements and material that appear to incite harm against individuals who identify as LGBTQ+ and related communities. After assessment of the complaint , the commission has concluded that the alleged actions by Mr Dawood Lagardien constitute hate speech and/or harassment as contemplated in terms of sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA or Equality Act),” said the commission.

The commission emphasised “the critical importance” of fostering a society rooted in non-discrimination, while actively promoting and safeguarding the right to equality for all individuals, irrespective of their sexual orientation. 

“The commission is empowered in terms of section 13(3)(b) of the South African Human Rights Commission Act (SAHRC Act), to bring proceedings in a competent court or tribunal in its own name or on behalf of a person or a group or class of people,” it said.

The case is scheduled to be heard in the Equality Court sitting in the East London high court on Monday.

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