KEY POINTS
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The SAHRC has taken legal action against a Gqeberha shop owner for displaying a sign that excludes LGBTQ+ individuals and for managing a WhatsApp group promoting anti-LGBTQ+ sentiment.
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The commission argues the acts amount to hate speech and harassment under South Africa’s Equality Act and will present the case in the East London High Court.
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The outcome may set a legal precedent on how hate speech against LGBTQ+ communities is interpreted and prosecuted in South African courts.
The South African Human Rights Commission (SAHRC) has formally initiated legal proceedings against a Gqeberha business owner, Dawood Lagardien, for displaying a sign deemed to be discriminatory and offensive to members of the LGBTQ+ community.
The controversial notice, placed outside Lagardien’s shop “La Gardi” on July 12, 2023, read: “LGBTQ not welcome at La Gardi — Save our children.”
According to the SAHRC, the sign constitutes hate speech, discrimination, and harassment under South African law, specifically contravening sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act (commonly known as the Equality Act or PEPUDA).
The Equality Court, sitting at the East London High Court, is scheduled to hear the matter on Monday.
Legal experts say the case could set a national precedent in defining hate speech
In a public statement, the SAHRC elaborated on its investigation into the matter, saying it had received a formal complaint regarding the signage and further probed Lagardien’s conduct. The commission found that he had also created and managed a WhatsApp group titled “Our Rights — anti LGBTQ+”, in which inflammatory content and messages allegedly encouraging harm against LGBTQ+ individuals were shared.
“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,” the commission said.
The SAHRC further emphasized its constitutional mandate to uphold and protect human dignity and equality. “The commission is empowered in terms of section 13(3)(b) of the South African Human Rights Commission 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 stated.
The incident has sparked national attention and reignited broader debates around freedom of speech, religious expression, and human rights in post-apartheid South Africa.
Sowetanlive reports that while some defenders of Lagardien claim the sign was an expression of personal or religious belief, human rights advocates argue that such rhetoric endangers vulnerable groups and undermines constitutional protections.
Legal analysts say the case could have far-reaching implications for how South African courts interpret hate speech and discrimination. Advocate Thulani Mokoena, a constitutional law expert based in Johannesburg, commented: “This case represents a critical test of the country’s legal commitment to LGBTQ+ rights. If the court rules in favor of the SAHRC, it may affirm that any public act promoting exclusion or hate—regardless of claimed intent—will not be tolerated.”
Local LGBTQ+ rights organisations have voiced their support for the SAHRC’s intervention, urging the judiciary to send a strong message. “We welcome the commission’s actions and hope this marks a turning point in the fight against homophobic and transphobic rhetoric,” said Lindiwe Msimang, director of the Rainbow Advocacy Network.
As the case heads to court, it raises urgent questions about the balance between individual belief systems and the constitutional rights of all South Africans to live free from discrimination and fear. Community members in Gqeberha, meanwhile, remain divided, with some calling for reconciliation and dialogue, and others demanding stricter enforcement of anti-discrimination laws.
