"LGBTQ not welcome at La Gardi save our children rights of admission reserved."
This was how the board at the entrance of the spice, dairy, and baking supplies store La Gardi in Gqeberha, Eastern Cape read.
A complaint received by the Commission for Gender Equality (CGE) on the barring of LGBTQI+ people at La Gardi Shop led the commission to escalate the matter to the Equality Court.
The commission confirmed this escalation on Thursday, 20 July, just a week after the picture made rounds on social media, sparking anger.
The restriction, exclusion, and distinction of LGBTIQ+ people at La Gardi, according to the CGE spokesman Javu Baloyi, is neither rational nor justifiable and violates section 8 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), which forbids unfair discrimination against anyone based on gender.
He said escalating the matter to the Equality Court would not only end the complaint but would serve as a warning to others who continue to engage in discriminatory behaviour.
Reacting to the situation, the OUT-LGBT Well-being organisation said refusing to serve or provide services based on sexual orientation or gender was unconstitutional and illegal under PEPUDA.
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Sibonelo Ncanana, OUT's Human Rights Coordinator in Gqeberha, criticised the nation for not learning the lessons from the past when people were treated differently and refused services because of who they are.
Meanwhile, Dawood Lagardien, the owner of La Gardi, confirmed he had put up the sign since June after two gay men in their late 20s allegedly began kissing each.
He felt disrespected by the action, especially since it happened in his store and in front of his clients' kids.
He said he had no problem with homosexuals and would have reacted the same way if a man and a woman started kissing in his shop but did not want such actions taking place in his shop.
"It was unacceptable, and they were jeopardising my business. I walked up to them and asked them to leave, and they left, hence the sign. They were violating my shop, my rights and my business."
Dawood claimed his board signs were vandalised earlier this week.
He questioned why he should be victimised by the actions of others in his shop and said he doesn't know LGBTQI rights, and is just a shop owner who felt disrespected in his own space.
