In July 2023, Dawood Lagardien placed a sign outside his La Gardi packaging, spice, dairy and baking shop that read: “LGBTIQ not welcome at La Gardi save our children”.
He subsequently created an anti-LGBTQ+ WhatsApp group titled “Our Rights – Anti-LGBTQ+” that attracted hundreds of members.
Lagardien told MambaOnline at the time that LGBTQ+ people were being “forced down our throat”. He declared: “I will not allow LGBTQ individuals in my shop, and no one can stop me!”
Equality Court Rejects Shopkeeper’s Religious Defence
Following MambaOnline’s reporting on the incident and several complaints, the South African Human Rights Commission (SAHRC) and the Commission for Gender Equality (CGE) took Lagardien to the Equality Court.
They argued that his conduct violated the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA), also known as the Equality Act.
Lagardien defended his actions by claiming that same-sex relationships were “un-Islamic and amoral” and that he was “obliged to take steps to prevent children from being exposed to… amoral behaviours.”
He also argued that the sign was an “expression of his religious beliefs.”
However, in a judgment dated 6 October 2026, the Equality Court in Gqeberha found that Lagardien “unfairly discriminated against the LGBTQIA+ community and, in the process, violated their right to equality, dignity and security.”
The court, which cited MambaOnline’s reporting in the matter, further found that his conduct demonstrated “a clear intent to cause harm, promote and propagate hatred.”
R200,000 in Damages and Public Apology Ordered
The court interdicted Lagardien from engaging in further hate speech, unfair discrimination and harassment as defined by the Equality Act.
It also ordered him to issue a public apology acknowledging the harm his actions caused.
In addition, Lagardien must pay R200,000 in damages to a non-governmental organisation identified by the SAHRC that actively promotes equality.
The court directed him to pay R100,000 within four months of the order and to cover the Commission for Gender Equality’s legal costs.
The court also ordered that the matter be referred to the National Prosecuting Authority (NPA) for a criminal investigation into Lagardien’s conduct.
LGBTQ+ Activist Recalls Death Threats and Fears for His Safety
Sibonelo Ncanana-Trower, Human Rights Coordinator at OUT LGBT Well-being, welcomed the ruling as a victory that was “deeply personal”.
He revealed that he had feared for his safety to such an extent that he booked accommodation in East London and travelled to Gqeberha to attend the court proceedings.
“We genuinely feared for our lives. [Fellow activists] China Skepe, Sikhander Coopoo and I had our names circulated in WhatsApp groups with threats that they would make us ‘meet our makers’,” he revealed.
“Imagine fighting for your constitutional rights while fearing you might lose your life for doing so.”
Ncanana-Trower expressed gratitude to Skepe and Coopoo for “standing firm” and CGE Commissioner Leigh-Ann van der Merwe and Dr Carter of the SAHRC “for walking this journey with us”.
For Ncanana-Trower, the judgment represents more than a legal victory. It is also about reclaiming a sense of safety and belonging the city that he called home for several years.
“This judgment is not just about a sign. It is about dignity, belonging and the right to exist without fear. And perhaps, just perhaps, I can finally move back to the city I love so dearly, Gqeberha.”
