The pivotal hate speech case of South African Human Rights Commission v Dawood Lagardien returned to the Equality Court in Gqeberha on Monday, as parties submitted their heads of argument.
It’s a case that has gripped the LGBTIQ+ community and is testing the boundaries of religious intolerance versus equality and dignity in South Africa.
At the centre of the dispute is a sign that Lagardien placed outside his La Gardi store in Gqeberha in 2023 that read “LGBTIQ not welcome at La Gardi, save our children” and his creation of a hate-fuelled WhatsApp group titled Our Rights – Anti-LGBTQ+.
The South African Human Rights Commission (SAHRC), supported by the Commission for Gender Equality (CGE), argues this is a clear case of hate speech, harassment, and unfair discrimination under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).
“Hate is hate – regardless of religion”
Access Chapter 2, a human rights organisation that was present in court on Monday, reiterated that the real harm caused to the LGBTIQ+ community must not be downplayed.
“Our team from SAHRC came prepared, and their argument adequately reflected the harm caused by the poster to the affected marginalised group,” said Notshayina Skepe, a Paralegal Officer at Access Chapter 2.
The respondent, however, submitted new heads of argument, citing instances of alleged threats from members of the LGBTIQ+ community and claiming the sign was a response to two men allegedly kissing in front of a child in his shop.
“Hate is hate regardless of religion or not,” Skepe said. “The texts that were pointed out from the WhatsApp group were talking about the crushing of LGBTI people and protecting their children against [something] ‘demonic’… Jesus doesn’t discriminate. Where does this hate come from?”
Freedom of Religion or Hate Speech?
The respondent argues that as a practising Muslim, he has the right to express religious views that label same-sex relationships as “un-Islamic and amoral”, and that he is morally obligated to shield children from exposure to such “behaviour”.
But civil society organisations strongly reject this framing. “What message does this send to our community if we allow hate to hide behind religion?” Skepe asked. “Their religion and norms do not allow them to violate people’s rights. We want to see justice served to protect LGBTI rights and people, who are now living in fear because of the violence incited by that poster.”
Legal Submissions Ongoing
Monday’s hearing ended with the court granting both parties time to finalise written submissions. According to Sibonelo Ncanana, Project Coordinator at OUT LGBT Well-being, the SAHRC and CGE have until 15 August to submit their updated heads of argument, while the respondent has until 29 August.
“OUT has always stood for human rights,” said Ncanana. “This is the core work that we do, so that’s why we’re invested in making sure that the rights of LGBTI persons are realised. I hope this case serves as a deterrent to people who do not respect other people’s rights and hide behind religion as a reason for their hate.”
A Show of Solidarity
Monday’s proceedings saw strong community support, with several organisations appearing in court to stand in solidarity with the SAHRC and the broader LGBTQ+ community.
In addition to Access Chapter 2 and OUT LGBT Well-being, these included Social Health Empowerment, Izibuko Zethu and other allied groups committed to ending hate crimes and advancing equality. Their presence served as a powerful reminder that the queer community is not alone in its fight for dignity and justice.
A Test Case for LGBTIQ+ Rights
The case has attracted national attention as it raises crucial questions about the limits of religious expression being used to justify discrimination and the state’s duty to protect vulnerable groups from hate speech and discrimination.
The next court date is yet to be confirmed, but human rights groups remain hopeful that the Equality Court will send a strong message, that no belief system can be used as a shield to discriminate.
As Skepe put it: “As a queer community, we need to hold each other’s hands, protect and support one another, and ensure that everyone who violates LGBTI rights is held accountable.”
