The Commission for Gender Equality (CGE) has welcomed an Equality Court judgment against Gqeberha businessman, Dawood Lagardien, describing it as an important affirmation of constitutional rights to equality, dignity and protection against discrimination.
This comes after the court found Lagardien guilty of hate speech for displaying a discriminatory sign barring lesbian, gay, bisexual, transgender, queer or questioning, intersex and asexual (LGBTQIA+) people from his shop.
The court ordered Lagardien, owner of La Gardi Plastics and Baking Requirements in Parkside, to pay R200 000 in damages to a non-governmental organisation to be identified by the South African Human Rights Commission (SAHRC).
The matter has also been referred to the National Prosecuting Authority for criminal investigation.
The case stems from a sign displayed outside Lagardien’s business in 2023, stating that LGBTQIA+ people were not welcomed in the shop. Lagardien also established a WhatsApp group containing harmful and threatening messages directed at the LGBTQIA+ community.
The CGE was the second applicant in the proceedings, joining the case to support efforts to protect the rights of LGBTQIA+ people.
In a statement on Tuesday, the commission said the judgment represents an important affirmation of the constitutional commitment to equality, dignity and protection against discrimination.
“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.
Baloyi emphasised 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.”
The commission has called for continued vigilance against discrimination, exclusion and intolerance directed at LGBTQIA+ people and other groups, whose rights and dignity remain vulnerable to prejudice.
It also reaffirmed its commitment to using its constitutional and statutory mandate to advance gender equality, challenge discriminatory practices, and contribute towards a society in which every person can live with dignity, equality and respect. – SAnews.gov.za
