Controversial Reverend Oscar Bougardt has once again been hauled to the Equality Court, with the South African Human Rights Commission (SAHRC) asking for his imprisonment for 30 days following discriminatory statements made against the LGBTQI+ community.
The commission has argued that Bougardt continued making defamatory statements even though there were two court orders prohibiting him from doing so.
In a statement, the commission said it had approached the court in 2013 when they instituted legal proceedings against the “ordained minister of Strandfontein” for discriminatory statements he had made against gay and lesbian people between October 2011 and November 2012.
“In 2014...Bougardt was found to have been in breach of (the Equality Act) by making the said discriminatory statements and ordered him to refrain from making similar statements in future. After Rev Bougardt breached the 2014 Order, a further order was handed down on 18 May 2018.
“The Equality Court declared 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 suspended until May 2023 on condition that he did not again breach the 2014 order, failing which he would be committed to prison.
“As Bougardt continued making inflammatory statements against gay and lesbian people (as well as the wider LGBTQIA+ community), in October 2019, the SAHRC brought an application for his committal in terms of the 2018 order.
“The SAHRC now seeks that Bougardt either be committed to prison for a period of 30 days for his continued violations against the LGBTQIA+ community, alternatively that his committal be suspended for a further period of 3 years, provided he does not continue to make further inflammatory statements against the LGBTQIA+ community,” the SAHRC said.
Retired Judge Lee Bozalek, handing down judgement in the 2018 matter, had said the pending prison sentence should “bring home to Bougardt the seriousness with which he must approach an order of the Equality Court”.
Bougardt had at the time argued that he was “exercising his right to freedom of speech and in particular to air his religious beliefs” but in a settlement agreement acknowledged that his statements harmed the dignity of gay and lesbian persons.
Bougardt said: “The judge barred me from saying anything derogatory or entice violence against the LGBTQI+ communities on social media. If I fail to comply with the order I can be sentenced to nine months in prison.
I also told court that if my post on social media is misinterpreted or misapplied it’s not my fault and I am even willing to apologise for it but I will never apologise for what is written in the Word of God...I thank God, it could have been a totally different outcome but today I am still a free man.”
Enquiries to Bougardt were not answered by deadline on Thursday.
Cape Times