The Commission for Gender Equality (CGE) has joined multiple organisations in welcoming an Equality Court judgment that found a Gqeberha businessman guilty of hate speech for barring LGBTQIA+ people from his shop.
The court ordered Dawood Lagardien, owner of La Gardi Plastics and Baking Requirements in Parkside, to pay R200 000 in damages after he displayed a discriminatory sign outside his business in 2023 stating: “LGBTQ Not Welcome at La Gardi. Save our children!!! Right of Admission Reserved!!”
Judge Bulelwa Pakati delivered the judgment on 6 October 2026, finding Lagardien guilty of hate speech, unfair discrimination and harassment based on sexual orientation.
The court also ordered Lagardien to issue a public apology and refrain from further hate speech, unfair discrimination and harassment. The matter has been referred to the National Prosecuting Authority for criminal investigation.
Multiple organisations welcome ruling
The South African Human Rights Commission (SAHRC), which brought the case under the Promotion of Equality and Prevention of Unfair Discrimination Act, described the ruling as a landmark decision on hate speech, discrimination and harassment.
The commission said the judgment recognised the harm caused by conduct targeting historically marginalised communities and reaffirmed that equality and dignity are constitutional imperatives irrespective of an individual’s sexual orientation or gender identity.
The SAHRC stressed that freedom of religion and expression cannot justify unlawful infringements of other people’s dignity and equality. The commission had initially sought R500 000 in damages but the court awarded R200 000.
The CGE, which joined the proceedings as the second applicant, said on Tuesday the decision affirmed the constitutional rights, dignity and equality of LGBTQIA+ people.
“For the CGE, this judgment is significant beyond the circumstances of the case. It reinforces the constitutional promise that every person is entitled to equal protection and equal benefit of the law, and that no person should be subjected to discrimination or diminished dignity because of who they are,” CGE spokesperson Javu Baloyi said.
OUT LGBT Well-being said the organisation was delighted with the outcome and the SAHRC’s support.
However, OUT criticised the lengthy time taken to resolve Equality Court cases. Ncanana-Trower also questioned whether the Equality Court process ensures that people found to have discriminated understand the harm they caused.
WhatsApp group with 698 members
The court found that Lagardien not only displayed the physical sign but also created and administered an anti-LGBTQIA+ WhatsApp group with about 698 participants. The group’s display text included an offensive anti-gay slogan.
The SAHRC welcomed the court’s recognition that hate speech and discriminatory conduct can occur in both physical spaces and through digital communications.
Lagardien relied on freedom of religion in his defence, arguing that his opposition to same-sex relationships reflected his beliefs as a practising Muslim. The court rejected that defence as justification for conduct infringing other people’s constitutional rights.
Protection of rights cannot undermine others
Baloyi stressed that respect for diversity of belief and expression must go hand in hand with a commitment to equality, dignity and non-discrimination.
“The protection of one constitutional right cannot become a licence to undermine the rights of another person,” he said.
The CGE called for continued vigilance against discrimination, exclusion and intolerance directed at LGBTQIA+ people and other groups whose rights and dignity remain vulnerable to prejudice.
The commission reaffirmed its commitment to using its constitutional and statutory mandate to advance gender equality, challenge discriminatory practices and contribute towards a society where every person can live with dignity, equality and respect.
The SAHRC said it remained committed to challenging unfair discrimination, harassment and hate speech and promoting a society based on human dignity, equality and freedom for all.
Lagardien has indicated that his legal representatives were taking the matter on appeal.
.
