Gender Equality Commission approach court over shop’s discrimination notice

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The Commission for Gender Equality (CGE) has sought Equality Court intervention following an outcry and complaint received over LaGardi shop’s discriminatory notice.

The shop had placed a notice that reads “LGBTQ Not Welcome at LaGardi Save our Children!!! Right of Admission Reserved!! barring lesbian, gay, bisexual, transgender, intersex and Queer Intersex +(LGBTQI+) persons at the establishment premises in Gqeberha, Eastern Cape.

CGE spokesperson Javu Baloyi dubbed the act as unfair discrimination against LGBTQI+ persons, and says it has prompted them to take the matter to the Equality Court.

“The above determination is informed by section 11(e) of the CGE Act 39 of 1996, as amended read together with section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) that permits the CGE to institute proceedings of unfair discrimination on ground of gender at the equality court.” 

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Baloyi further stated that the CGE believes that the restriction, exclusion and distinction of LGBTIQ+ persons at the LaGardi shop is not rational nor justifiable and contravenes inter alia section 8 of PEPUDA that prohibits unfair discrimination against any persons on the ground of gender. 

He added; “On the backdrop of the above, the CGE finds that instituting proceedings at the equality court will not only resolve the complaint but would serve as a deterrence to other persons who perpetuate discriminatory practices in society.”