South African Equality Court Orders Shopkeeper to Pay R200,000 for Banning LGBTQ+ Customers
On Tuesday, October 6, 2026, the Equality Court in the South African city of Gqeberha (formerly Port Elizabeth) found local shopkeeper Dawood Lagardien guilty of hate speech and unfair discrimination for barring LGBTQ+ individuals from entering his store. The court ordered the businessman to issue a public apology and pay 200,000 South African rands (approximately $11,500 USD) in damages to an equality advocacy organization, according to MambaOnline.
The legal battle, which spanned more than three years, began in July 2023 when Lagardien placed a sign outside his shop La Gardi—a retailer of packaging supplies, spices, and baking goods—stating: “LGBTIQ not welcome at La Gardi save our children.” Concurrently, the business owner established an anti-LGBTQ+ WhatsApp group titled “Our Rights – Anti-LGBTQ+,” which garnered hundreds of members, and publicly told news media that he would never permit LGBTQ+ patrons inside his business, claiming their presence was being imposed on society.
Following formal complaints from civil society activists, the South African Human Rights Commission (SAHRC) and the state-backed Commission for Gender Equality (CGE) brought proceedings before the Equality Court, citing violations of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA). Throughout the proceedings, Lagardien defended his actions by citing religious freedom, asserting that as a practicing Muslim, he considered same-sex relationships “un-Islamic and amoral” and felt an obligation to shield children from such conduct. The court rejected this defense, ruling that his actions infringed upon the LGBTQ+ community’s constitutional rights to equality, human dignity, and security, while demonstrating a clear intent to inflict harm and spread hatred.
Under the court order, Lagardien is interdicted from continuing any discriminatory conduct, harassment, or hate speech. He was directed to pay the first R100,000 in damages within four months to an NGO advancing equality (to be designated by the SAHRC) and to cover the legal costs incurred by the Commission for Gender Equality. Furthermore, the court referred the case record to the National Prosecuting Authority (NPA) for possible criminal prosecution. Sibonelo Ncanana-Trower, human rights coordinator at OUT LGBT Well-being, welcomed the verdict, emphasizing that human rights defenders had endured severe death threats throughout the multi-year litigation.
Equality Courts in South Africa were established pursuant to the 2000 PEPUDA legislation as a dedicated, accessible judicial mechanism to adjudicate grievances involving unfair discrimination, hate speech, and harassment. Although South Africa’s 1996 Constitution became the first globally to enshrine constitutional protections against discrimination based on sexual orientation, tensions persist between secular constitutional mandates and traditional or religious conservatism within parts of society.
Previously, Uránia reported on the opening of a community center for LGBTQ+ Muslims in Cape Town honoring the late Imam Muhsin Hendricks, covered the milestone Soweto Pride march near Johannesburg, and examined sociological research on the lived realities of LGBTQ+ people in South Africa.
