Dawood Lagardien, owner of La Gardi Plastics & Baking Requirements in Gqeberha, is under criminal investigation following an Equality Court ruling that found his conduct amounted to hate speech, unfair discrimination, and harassment based on sexual orientation.
The Equality Court in Gqeberha ordered Lagardien to pay R200,000 to an equality-promoting organisation and barred him from repeating the offensive conduct. This judgment emerged from a case brought by the South African Human Rights Commission (SAHRC) after an anti-LGBTQIA+ sign was displayed outside Lagardien’s business.
The sign, which read “LGBTQ not welcome at La Gardi – Save our children”, sparked public outrage and prompted the SAHRC to lodge a formal complaint in 2023. The commission also raised concerns about a WhatsApp group allegedly connected to Lagardien that reportedly circulated anti-LGBTQIA+ messages, though details of this remain unconfirmed by independent sources.
The SAHRC welcomed the court’s decision, highlighting that the matter, registered as South African Human Rights Commission and Another v Dawood Lagardien, case number 2391/2023, represents a clear stance against discrimination based on sexual orientation. The ruling not only demands financial penalties but also serves as a legal restraint against further discriminatory actions by Lagardien.
According to court documents and statements from the SAHRC, the referral to a criminal investigation follows because the Equality Court determined the conduct met thresholds for hate speech and harassment under South African law. The specifics of the criminal probe and any ensuing charges have yet to be disclosed.
This case is significant within the broader context of South Africa’s ongoing struggle against discrimination and hate speech targeting the LGBTQIA+ community. While the Constitution guarantees equality and prohibits such conduct, incidents like this underline the persistence of hostility and the need for vigilant enforcement of anti-discrimination laws.
Local activists and rights groups have praised the SAHRC’s role in pursuing this litigation. They see the success in court as a message that hateful conduct in business environments will not be tolerated, particularly in public-facing spaces such as those in Gqeberha.
Lagardien’s defence, including any claims of religious grounds for his conduct, were reportedly rejected by the judge, though the full details of these arguments have not been independently verified. The payment schedule for the fine, including instalment deadlines, also remains subject to verification.
The criminal investigation is expected to proceed under the oversight of the National Prosecuting Authority, but no formal charges have been announced at this stage. Cape Flats News author Dawid Jacobs will follow up with the SAHRC and relevant authorities on developments.