Webinar on SAHRC v Lagardien – Advancing LGBTQI+ Rights in South Africa
In honour of Pride Month, the Mandela Institute hosted a compelling webinar on 23 September 2025, featuring Commissioner Tshepo Madlingozi of the South African Human Rights Commission (SAHRC). The session focused on the landmark case of SAHRC v Lagardien (2023/2391)in the Eastern Cape High Court.
The case stems from a sign displayed outside a Gqeberha shop stating “LGBTQI not welcome at La Gardi, save our children”, and a WhatsApp group allegedly created to promote anti-LGBTQI sentiments. The SAHRC has brought the matter under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), arguing that the actions constitute hate speech, harassment, and incitement to violence.
Commissioner Madlingozi provided a rich analysis of the case and its broader implications for constitutional rights in South Africa. He emphasised the importance of balancing freedom of expression and religion with the constitutional values of dignity, equality, and non-discrimination.
Beyond the case itself, the webinar highlighted the SAHRC’s proactive initiatives to support LGBTQI+ communities, including:
- Development of a model school code of conduct to combat discrimination in educational settings.
- Creation of a sensitivity training manual for institutions and individuals found to have violated PEPUDA.
- Advocacy for intersex rights, including a new public health pamphlet aimed at educating parents and healthcare providers.
- A six-year campaign addressing the national question and promoting universal belonging across race, gender, sexuality, and other identities.
The webinar concluded with a Q&A session, where participants engaged in discussions around associational rights, trans rights, and the constitutional limits of discrimination in public-facing businesses.
The webinar was delivered by Commissioner Tshepo Madlingozi. In January 2024, the President of the Republic of South Africa appointed him as a full-time Commissioner for the South African Human Rights Commission where he is responsible for Anti-racism, Education, and Equality focal areas. Previously, he was the Director of the Centre for Applied Legal Studies at the University of the Witwatersrand. He holds various visiting and extraordinary professorships.