SAHRC takes legal action against Gqeberha shop owner for displaying anti-LGBTQ+ sign
The South African Human Rights Commission (SAHRC) has announced it is initiating legal proceedings against a Gqeberha shop owner, Dawood Lagardien, for publicly displaying an anti-LGBTQ+ sign outside his business.
The commission alleges the sign constitutes discrimination, hate speech and harassment against the LGBTQ+ community.
The sign displayed outside Lagardien's business read: 'LGBTQ not welcome at La Gardi — Save our children.'
According to the SAHRC, the signage was intended to exclude members of the lesbian, gay, bisexual, transgender, queer, intersex and asexual+ (LGBTQ+) community from accessing services offered by the business.
'In addition, the respondent established and actively managed a WhatsApp group titled 'Our Rights — anti LGBTQ+', which contains statements and material that appear to incite harm against individuals who identify as LGBTQ+ and related communities. After assessment of the complaint , the commission has concluded that the alleged actions by Mr Dawood Lagardien constitute hate speech and/or harassment as contemplated in terms of sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA or Equality Act),' said the commission.
The commission emphasised 'the critical importance' of fostering a society rooted in non-discrimination, while actively promoting and safeguarding the right to equality for all individuals, irrespective of their sexual orientation.
'The commission is empowered in terms of section 13(3)(b) of the South African Human Rights Commission Act (SAHRC Act), to bring proceedings in a competent court or tribunal in its own name or on behalf of a person or a group or class of people,' it said.
The case is scheduled to be heard in the Equality Court sitting in the East London high court on Monday.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Citizen
10 hours ago
- The Citizen
Mandeni head-on collision claims two lives
Two people lost their lives and seven others were rushed to hospital following a head-on collision in Mandeni this afternoon. According to Samantha Meyrick of IPSS Medical Rescue, the crash involved two vehicles on the Mandeni Link Road. The first vehicle was carring two women; one died at the scene, while the other was critically injured and taken to hospital. 'The other vehicle was a seven-seater. The 27-year-old male driver sadly passed away, and his six passengers were transported to the hospital for further care,' said Meyrick. Stay in the loop with The North Coast Courier on Facebook, X, Instagram & YouTube for the latest news. Mobile users can join our WhatsApp Broadcast Service here or if you're on desktop, scan the QR code below. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading! Stay in the know. Download the Caxton Local News Network App Stay in the know. Download the Caxton Local News Network App here


The Citizen
17 hours ago
- The Citizen
‘Grave injustice': Man acquitted of attempted rape by SCA after fourth appeal
His eight-year jail sentence was set aside. A man convicted and jailed for attempted rape has been acquitted by the Supreme Court of Appeal (SCA) after his fourth attempt at overturning the decision. Vincent Japhta was sentenced to eight years in prison for attempted rape in December 2021, more than two years after the incident that led to his arrest. Western Cape man accused of rape The alleged incident occurred on 19 May 2019. During the trial in the Mitchell's Plain Regional Court, it was claimed that Japhta raped a woman at her home. The complainant testified that on the night of the incident, she had been drinking alcohol with friends and family at her house. Feeling drunk, she went to her bedroom to sleep, fully clothed. Among the clothing she wore were tight skinny jeans that extended above her waist. She said she passed out due to intoxication and later woke up to find Japhta on top of her. According to her, both she and Japhta were naked from the waist down, and her pants and panties were on the floor. ALSO READ: Mpumalanga teen girl sends police on a hunt for her rapist, but she lied Japhta told the court that he had gone to the woman's home, where several people, including his friend Andre Pietersen, were drinking. He said he and the complainant had entered her bedroom twice to check on Pietersen, who was asleep. They kissed on both occasions. Later, after others had left, Japhta entered the woman's room again and asked if he could lie next to her. She agreed. They then began kissing and touching each other. Japhta testified that they both removed their pants and underwear. He said that when the complainant told him she didn't want to continue, he stopped all physical contact. According to him, the woman then held him in a cradling position. Medical report and messages The court also heard that the complainant told her sister about the incident and was examined by a medical doctor the following day. The J88 form, a medico-legal report, found no injuries or other evidence of sexual assault. That same day, the woman contacted Japhta, demanding that he tell her the truth about what had happened. She sent him approximately 74 WhatsApp messages, in which she threatened to report the matter to police. READ MORE: SCA acquits man of rape after overturning his friend's 20-year conviction following multiple appeals In the messages, she claimed that a doctor had found traces of semen inside her vagina. Japhta later admitted that he 'used his finger' and that 'it was just the head', indicating partial penetration. The complainant then invited Japhta to her home, saying she wanted him to apologise in person. However, when he arrived, she and her sister assaulted him, leaving him with cuts and bruises. Japhta was arrested and later convicted of attempted rape following the trial. Appeals Japhta's first appeal, lodged with the regional court in January 2022, was dismissed. The Western Cape High Court rejected his second appeal in June 2023. A third attempt, to the SCA was also denied in August 2023. READ MORE: Man's appeal to overturn life sentence for raping his 7-year-old step-granddaughter denied Japhta then submitted a petition to SCA Judge President Mahube Molemela, asking for his special leave to appeal application to be reconsidered. The request was granted by Molemela, and the case was heard in November 2024. SCA judgment on attempted rape case On 5 June 2025, Acting SCA Judge Letty Molopa-Sethosa, with four judges concurring, overturned Japhta's conviction and sentence. The judgment found that the evidence showed that the woman was an 'unreliable witness' due to her level of intoxication. 'In her statement, she only mentioned that she could vaguely recall the applicant being on top of her and having had drinks with family and friends. 'Under cross-examination, she had difficulty explaining how she could subsequently remember all the detail to which she testified in court,' Molopa-Sethosa said. The judge said that the complainant had used threats and manipulation to pressure Japhta into making admissions, which were made 'perhaps to avoid embarrassment for him and his family'. READ MORE: Court criticises father who impregnated daughter as rape sentence appeal rejected She had also 'disingenuously' led him to believe that medical evidence supported her claim. 'The misleading and threatening WhatsApp messages were undeniably sent by the complainant to the applicant to coerce him into admitting that he had raped her the previous night.' Molopa-Sethosa emphasised that there was no supporting evidence for the complainant's version and said Japhta's account was not rendered less believable by the facts presented. She also highlighted that the both the regional and high court 'completely ignored' the complainant's intoxication and its likely effect on her memory. 'In my view, it is manifest that a wrong conviction on such a serious charge must inevitably result in a grave injustice for the applicant.' The SCA ruled in Japhta's favour, granting his special leave to appeal and setting aside both his conviction and sentence.


The Citizen
19 hours ago
- The Citizen
R42m water storage facility installed, but taps run dry in Xanthia village
The DA in the municipality has called on municipal manager Jasper Ngobeni to investigate why the reservoir was not being used. A R42 million water reservoir tank built in Xanthia Village, Bushbuckridge, Mpumalanga, 10 years ago has never been used since its completion. This is according to the residents, who confirmed that the construction of the reservoir did not assist in bringing a sustainable water supply to the area. 'It is true we don't regularly get water because it comes out once or twice a week. When the tank was built in our area, we were adamant that our problem was over. Little did we know it would not help,' said a resident who preferred anonymity, fearing reprisal. The issue of the dysfunctional reservoir is not new; it was raised about three years ago, but no action was taken to ensure the facility's operation. SAHRC investigation In 2021, the South African Human Rights Commission (SAHRC) investigated why the reservoir was not operational. When responding to the SAHRC questions, the former municipality's technical services manager, Emmanuel Makhavhu, said the water tank was dry due to an illegal water connection where residents connected their pipes to the main line. ALSO READ: Outrage over Limpopo council's R3 million Warmbaths conference The DA in the municipality has called on Municipal Manager Jasper Ngobeni to investigate why the reservoir was not being used. 'Presently, the municipality has a water supply shortfall of around 47 megalitres of water per day. The DA finds it completely unacceptable that the municipality wasted millions of taxpayers' money on something that brought no benefit to the residents of Xanthia,' said DA councillor Canuel Mnisi. Bushbuckridge municipal spokesperson Fhumulani Thovhakale did not say when the tank was going to start operating, but denied that the municipality had spent money on the project. 'The provincial department of human settlements bought the water storage tank in question as part of its municipal support programme, and the Rand Water Board installed it at Xanthia village. 'The department of human settlements requested the municipality to identify areas with bulk and water reticulations but without sufficient storage of water capacity.'