In 2014, a court order (the 2014 Order) was issued in terms of which Rev Bougardt was found to have been in breach of Section 10 (1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act) by making the said discriminatory statements against gay and lesbian people. He was consequently ordered to refrain from making similar statements in future.
When Rev Bougardt breached the 2014 Order, a further order was handed down on 18 May 2018 (the 2018 Order) in terms of which the court declared Rev Bougardt to be in contempt of the 2014 Order and ordered that he be committed to prison for a period of 30 days. The committal was, however, suspended until May 2023, and on condition that he did not again breach the 2014 Order.
Despite Rev Bougardt having been found to be in contempt of the 2014 Order in 2018, he continued making inflammatory statements against gay and lesbian people (as well as the wider LGBTQIA+ community). In October 2019, the Commission brought an application for his committal, based on the 2018 Order.
The committal application was heard on 10 August 2023, when the court granted the following order:
“(1)The Respondent is committed to prison for a period of nine (9) months for his contempt of this Court’s order of 11 August 2014 (the 2014 Order).
- The committal order is suspended for a period of five (5) years on the following conditions:
2.1 The Respondent does not again breach the terms of the 2014 Order and
2.2 The Respondent does not directly or indirectly publish, post, disseminate, comment on or share, on any social media platform, digital forum or interactive website (including but not limited to Facebook, Twitter (X), TikTok or YouTube) any statements concerning sexual orientation or any other prohibited grounds defined as such in the definition of “prohibited grounds” under section 1(1) (a) and (b) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.”
The Commission regrets that it had to seek the assistance of the courts to uphold the rights in the Constitution. We live in a democracy which is founded on the values of, among others, human dignity and non-discrimination. Section 9(4) provides that no one may unfairly discriminate against anyone on grounds that include sexual orientation. While we may feel very strongly about the ways of life of some sections of society, our democracy will work well where no right is able to trump another right entrenched in the Bill of Rights.
The Constitution obliges the Commission to monitor the observance of all rights and to try to achieve the balance by equally promoting and protecting all those rights. The Commission therefore appeals to Rev. Bougardt not only to heed the admonitions from the Court but also to contribute to our democracy by respecting the rights of others under our Constitution. Our democracy is under pressure and will be made even weaker if any person can do as they want even when his or her conduct is contrary to the Constitution and the law.
Ends
Issued by the South African Human Rights Commission
Wisani Baloyi – Acting Communications Coordinator Tel: 081 016 8308 This email address is being protected from spambots. You need JavaScript enabled to view it. or Alucia Sekgathume – External Communications Tel: 082 689 2364 This email address is being protected from spambots. You need JavaScript enabled to view it.