GQEBERHA – The owner of a Gqeberha shop found guilty of hate speech, unfair discrimination and harassment against the LGBTQIA+ community faces a possible criminal investigation after the Equality Court referred the matter to the National Prosecuting Authority (NPA).
Dawood Lagardien was ordered to pay R200,000 in damages to an organisation promoting equality, issue a public apology and refrain from further unlawful conduct.
The case arose from a complaint about a sign displayed outside his shop excluding members of the LGBTQIA+ community, as well as a WhatsApp group containing harmful and threatening messages directed at the community.
In a statement issued on 12 October, the South African Human Rights Commission (SAHRC) welcomed the judgment.
“The protection of equality and dignity remains a constitutional imperative, irrespective of an individual’s sexual orientation or gender identity,” the statement read.
Court addresses discrimination
The SAHRC said the judgment reaffirmed that constitutional rights to freedom of religion and freedom of expression did not justify conduct that unlawfully infringed on the dignity and equality of others.
The court also rejected the argument that the matter had become moot because the offending sign had been removed and the WhatsApp group discontinued.
The SAHRC said this reinforced the importance of accountability and effective remedies, even where the conduct in question had ceased.
The Commission for Gender Equality (CGE), which joined the proceedings as the second applicant, also welcomed the ruling, describing it as an important affirmation of constitutional rights.
Respect for diversity
The commission said the judgment reinforced the principle that everyone was entitled to equal protection under the law, regardless of their identity.
“Our constitutional democracy requires us to hold two principles together: respect for diversity of belief and expression and an equally firm commitment to equality, dignity and non-discrimination,” the CGE said.
“The protection of one constitutional right cannot become a licence to undermine the rights of another person,” it added.
The CGE called for continued vigilance against discrimination, exclusion and intolerance directed at LGBTQIA+ people and other groups vulnerable to prejudice.
It said it remained committed to advancing gender equality and challenging discriminatory practices to help build a society in which everyone could live with dignity, equality and respect.
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