A month down the line, he has refused to remove the chalkboard despite widespread criticism, forcing the SAHRC to turn to the courts for relief. And should the commission be successful, Lagardien will be ordered to pay R500,000 to a nonprofit organisation dedicated to promoting equality " Lagardien has openly refused to remove the impugned sign, or to retract his statement in denying services to the queer community" SAHRC commissioner Andre Gaum said in court papers dated July 25. "The fact that Lagardien has continued this conduct, and has been actively promot BONE OF CONTENTION: The sign which cooked up a storm Photograph: FREDLIN ADRIAAN ing hate against this community online, renders the matter urgent" About three days after Weekend Post's sister publication, The Herald, first reported on the matter, Lagardien created a WhatsApp group called "Our right anti LGBTQt". "The commission can confirm that through its preliminary investigation it has ascertained that the said WhatsApp group was created and established on July 16 at 7.28pm," the SAHRC said. "This honourable court will note that this is the same cellphone number used by Lagardien in this matter. "Furthermore, the interface of the group itself also displays a picture with the epithet 'fag'. " Lagardien has unfairly discriminated against the queer community on the basis of their sexual orientation. "He has indicated that he has done so in the name of his preferred religion." In pictures of the WhatsApp group, seen by The Herald, Lagardien said its motto was that "evil will advance no further". " Lagardien , in having created the group and serving as its main administrator, therefore carries liability for the illegal and offensive content posted Continued on Page 2 C. La Garen CaaltamorilirauItiuam Antigay WhatsApp group lands shopkeeper in more trouble Continued from Page 1 therein. In terms of amendments to the platform's features, group admins have effectively been made responsible for any questionable or illegal messages posted in their groups." According to the court documents, the commission sought multiple remedies, including a public apology recognising the harm caused, an interdict to prevent similar conduct in the future and monetary damages of R500,000. The damages, if awarded, would be paid to an NPO dedicated to promoting equality. Lagardien has been given until August 10 to submit his answering affidavit to the court. Gatlin told Weekend Post yesterday that the summons had successfully been served on Lagardien. However, he had not yet filed answering papers. Tony McPherson, international relations manager for Namibian queer organisation Out & Proud, who lodged the SAHRC complaint, said he wel comed the legal action. " I look forward to the rule of law being upheld and our constitutional rights being respected," McPherson said. "It is evidently clear that the defendant has contravened the Promotion of Equality and Prevention of Unfair Discrimination Act, and that there is no space for his hate speech in today's society "I believe this case will serve as an eyeopening experience to all homophobes, that your right to religion cannot infringe on our right to dignity or equality Love wins, always!" Attempts to reach Lagardien for comment were unsuccessful. However, he previously asked the reporter: "That's the truth, that is correct, you have the picture of the board, so what more do you need?" He added: "The media led me to put it up there. "You keep on asking me questions ... I don't want to talk to you ... I don't hate anybody ... you're obviously gay, so I refuse to speak to you, goodbye."

Source: Weekend Post