The Commission for Gender Equality is set to join the SAHRC as the second applicant in the case against a Gqeberha shop owner who is accused of discriminating against the LGBTQI+ community.
The SAHRC hauled Dawood Lagardien, owner of La Gardi Plastics & Baking Requirements, to court over a discriminatory sign perched outside of his shop in Parkside in June last year.
The chalkboard sign that caused the uproar read: "LGBTQ Not Welcome at La Gardi. Save our children!!! Right of Admission Reserved!! (stet)"
The Gqeberha High Court, sitting as the Equality Court has postponed the matter to allow the Commission for Gender Equality to formally file the relevant paperwork.
The SAHRC's Dr Eileen Carter said they felt positive about the joinder of the second applicant being granted, and they look forward to the matter being heard on the merits, thereafter.
In court documents, SAHRC Commissioner Andre Gaum said Lagerdien has been unapologetic in his stance and has allegedly created a WhatsApp group to promote further hate.
The display picture used for the WhatsApp group reads: "Stop The Fags".
The Commission submitted that Lagerdien, by way of his "brazen conduct", has unfairly discriminated against the LGBT+ community based on their sexual orientation.
The SAHRC seeks an order affirming that Lagardien's comments constitute hate speech, a public apology acknowledging the harm caused, and an interdict restraining him from engaging in similar conduct.
They further seek damages of R500 000, to be paid to an NGO that actively promotes equality.
Also read: GQ shop owner in hot water with SAHRC over 'discriminatory sign'
In Lagardien's heads of argument, he indicated that he had acted in the name of his religious belief, which is the Islamic Faith.
"As part of his beliefs regarding Islam, he believes that same-sex relationships are un-Islamic and amoral.
"He also holds the belief that under his faith, he is obliged to take steps to prevent children from being exposed to, what his faith and spiritual beliefs dictate is, amoral behaviours."
In addition to opposing the SAHRC application, Lagardien has brought a counter application alleging that the SAHRC's investigation was "defective" and that, accordingly, the SAHRC has failed to discharge its duties under section 2 and 4 of the South African Human Rights Commissions Act 40 of 2013.
According to Lagardien two homosexual men entered his shop in June 2023 and engaged in "certain kinds" of behaviour which he viewed as sexually inapropiate.
This included kissing each other and touching each other's genitals.
In court papers, he says there were a number of Muslim customers present at the store, including young children, who felt uncomfortable after witnessing this conduct.
In response, Lagardien requested that the men leave the store. They left, but not before stating that it was pride month and they could do as they please.
Lagardien said in the days that followed, he and his family experienced acts of intimidation, harassment, and threats of violence.
In reaction to the intimidation and threats, he displayed the handwritten sign outside his store on 10 July 2023.
The sign was destroyed by three men a few days later.
Also read: Bay shop owner stands his ground in LGBTQI+ sign
Lagardien says in court papers that he created the WhatsApp group to alert members of his community to the threats and intimidation "from the LGBTQ community" within their area.
He further says that the WhatsApp group was intended to communicate Islamic teachings regarding homosexuality and there were no communications to incite violence or harm against the LGBTQ+ community in the group.
Regarding the SAHRC's allegation that he refused to remove the sign, Lagardien stated that the sign was no longer displayed as it was destroyed and the WhatsApp group is no longer active.
The matter is postponed sine die (no fixed date has been set for the resumption of the case).
matter is postponed sine die
