Pierre LeRoux-DuPisani, one of the original complainants in the long-running hate speech case against Pastor Oscar Bougardt, has called on the South African Human Rights Commission (SAHRC) to seek imprisonment for the controversial pastor.
LeRoux-DuPisani’s call comes after Bougardt recently renewed his attacks on the LGBTQ+ community on social media, including calling for a “LGBQI + free Cape Town” and promoting the idea of a “Straight Party”.
He has also backed calls for Cape Town to withdraw funding linked to its hosting of WorldPride 2028, earlier describing it as “an abomination to all of us who are God-fearing people.”
‘The strongest appropriate sanction’
In a statement, LeRoux-DuPisani said he first lodged a complaint with the SAHRC against Bougardt more than a decade ago over his repeated anti-LGBTQ+ statements.
The case subsequently resulted in court findings and contempt proceedings. LeRoux-DuPisani now argues that Bougardt’s continued conduct demonstrates the need for stronger enforcement of the orders against him.
“I therefore call on the SAHRC to seek the strongest appropriate sanction, including imprisonment, where the legal requirements for such a sanction are met,” he said.
He stressed that his call for imprisonment was not an attempt to suppress Bougardt’s religious beliefs or freedom of expression.
“Freedom of religion and freedom of expression are fundamental rights. They do not, however, provide a licence to repeatedly disregard court orders or to incite hatred and discrimination against a protected group.”
“This is not about silencing a religious viewpoint. It is about equality before the law, accountability, and the protection of human dignity.”
LeRoux-DuPisani called on the SAHRC to “act decisively” and ensure that court orders have meaningful consequences when they are deliberately and repeatedly ignored.
A decade-long hate speech legal battle
After an investigation, in 2013, the SAHRC instituted Equality Court proceedings against Bougardt over discriminatory statements he had made against gay and lesbian people between October 2011 and November 2012. According to the Commission, the statements breached the Promotion of Equality and Prevention of Unfair Discrimination Act.
The matter ended in a 2014 settlement agreement, which the court made an order. Among other provisions, Bougardt agreed not to publish further statements that discriminated against or incited hatred or harm on the grounds of sexual orientation.
LeRoux-DuPisani was among those who had complained to the SAHRC about Bougardt’s statements, which included claims that most gay and lesbian people were drug addicts and child molesters, as well as statements supporting the imprisonment and execution of gay people.
Bougardt repeatedly breached the court order
Despite the 2014 court order, Bougardt continued making anti-LGBTQ+ statements.
In May 2018, the Western Cape High Court found him in contempt of court for breaching the order and sentenced him to 30 days in prison, suspended for five years on condition that he did not breach the order again. It also confirmed that his statements were indeed “discriminatory” and “[incited] hatred or harm on the grounds of sexual orientation”.
However, Bougardt once again continued making inflammatory statements about gay, lesbian and broader LGBTQIA+ communities.
The SAHRC subsequently returned to court, and in August 2023 the Western Cape Division of the High Court, sitting as the Equality Court, sentenced Bougardt to nine months in prison for contempt.
The court, however, suspended the sentence for five years, subject to conditions including that he did not breach the 2014 order and did not publish, post, disseminate, comment on or share statements concerning sexual orientation or other prohibited grounds on social media or digital platforms.
‘Court orders must have meaningful consequences’
For LeRoux-DuPisani, Bougardt’s latest statements raise the question of whether repeated suspended sentences are achieving their intended purpose.
“I call on the SAHRC to act decisively and ensure that court orders have meaningful consequences when they are deliberately and repeatedly ignored,” he said.
The SAHRC has confirmed to the Cape Argus that it is investigating Bougardt’s most recent social media posts.
