South African Human Rights Commission v Lagardien
Case: South African Human Rights Commission v Lagardien (2023/2391)
Court: Equality Court, Eastern Cape Division of the High Court, Gqeberha
Next hearing: Third Term (August) 2024
Status: Ongoing
Last updated: 15 April 2024
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Case overview: On 19 July 2023, the South African Human Rights Commission (“Complainant”) instituted proceedings in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“PEPUDA”) against Dawood Lagardien (“Respondent”). The proceedings stem from a sign that the Respondent displayed outside his business premises stating “LGBTIQ not welcome at La Gardi, save our children“. The Respondent is also alleged to have created a WhatsApp group called “Our rights – anti LTBTQ+”.
The Complainant argues that the sign and the WhatsApp group amount to hate speech, harassment, and unfair discrimination in terms of PEPUDA and seek to compel the Respondent to remove the sign and desist from promoting, demonstrating, or propagating incitement to harm, hatred, unfair discrimination, or harassment on the ground of sexual orientation in terms of PEPUDA, including through the WhatsApp group. The Respondent argues that as a practising Muslim, he believes that same sex relationships are “un-Islamic and amoral” and that he is obliged to take steps to prevent children from being exposed to “amoral behaviors”. As a result, the sign is a permissible form of expression based on his freedom of religion.
Media Monitoring Africa (“MMA”), represented by Power & Associates, successfully applied to intervene in this matter as an amicus curiae (friend of the court) on 15 April 2024.
At the hearing of this matter:
- MMA will advance arguments on finding an appropriate balance between the rights to freedom of religion, freedom of expression, equality, and dignity, including the international law position on religious justifications and the rights of members of the LGTBIQ+ community.
- MMA will bring the Equality Court’s attention to considerations applicable when navigating different forms of public and private communication.
- MMA will advance brief submissions on the remedy sought, with a focus on restorative and alternative justice.
At this stage, the matter is set down for hearing on a date to be determined in August 2024.
Tina Power is arguing this matter.
Court papers:
- Amicus curiae’s Application for Admission (26 March 2024)
- Complainant’s Heads of Argument (3 April 2024)
- Respondent’s Heads of Argument (March 2024)
- Amicus curiae’s Heads of Argument (12 April 2024)
Press:
- News24, Gqeberha shop owner who put up anti-LGBTQI+ sign is ‘using Islam’ as excuse to discriminate – SAHRC (16 April 2024)
Attorneys:
