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A Gqeberha shop owner who is accused of discriminating against the LGBTQI+ community has just over a week to file an answering affidavit to the Equality Court, explaining why he should not be interdicted from further promoting hate speech.
The South African Human Rights Commission (SAHRC) hauled Dawood Lagerdien, owner of La Gardi Plastics & Baking Requirements, to court over a discriminatory sign perched outside of his shop in Parkside.
The chalkboard sign that caused the uproar read: "LGBTQ Not Welcome at La Gardi. Save our children!!! Right of Admission Reserved!! (stet)"
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 group reads: "Stop The Fags".
"The Commission submits that in the brazen conduct set out in the above, the respondent has unfairly discriminated against LGBT+ community on the basis of their sexual orientation.
"The respondent has indicated that he has done so in the name of his preferred religion.
"While the right to religion is constitutionally protected, it is vital to recognise that the exercise of this right must not infringe upon the fundamental rights of others, including the right to equality and dignity.
"The Constitution upholds the principle of equality, promoting the inclusion and non-discrimination of all individuals, irrespective of their sexual orientation or gender identity," Gaum said in his affidavit.
On Tuesday, Lagerdien told Algoa FM what led him to post the sign in front of his shop.
He said in June, two men in their 20s entered his store and sexually fondled each other in full view of other patrons.
According to Lagerdien, an elderly woman had to close the eyes of a six-year-old boy.
"I immediately asked them to leave my store. They then mumbled something about pride month and LGBTQ.
"I do not hate gay people, and I do not have anything against them.
"Considering what happened in my store, I feel that my actions were 100% justified," he said.
Lagerdien is intent on defending the case.
"They (SAHRC) never came to see me for an interview and did not ask me any questions.
"They based their case purely on what they saw and from what was said in the media.
"Now you tell me, who is the real victim here?"
The SAHRC seeks an order affirming that Lagerdien's comments constitutes hate speech, a public apology acknowledging the harm cause, and an interdict restraining him from engaging in similar conduct.
They further seek damages of R500 000, to be paid towards an NGO who actively promotes equality.Lagerdien, who could not be reached for comment on Tuesday, has until 10 August to submit his answering affidavit to court.
[This article was updated on Tuesday afternoon, to reflect Lagerdien's comments]
