(Screengrab: FOR SA)
The long-standing court battle between the South African Human Rights Commission (HRC) and the owners of the Beloftebos venue came to an end after a settlement agreement was entered into and an order was made by the court.
The owners of the picturesque venue near Stanford in the Western Cape have been embroiled in a battle with the HRC for the past few years. The HRC took the venue’s owners, Andries and Coia de Villiers, to court in March 2020 over their refusal to allow same-sex couples to hold their wedding ceremonies there.
The HRC said at the time that it had received numerous complaints against this former wedding venue in the Overberg regarding alleged discrimination against same-sex couples. These couples were apparently not allowed to marry there because of the owners’ religious beliefs.
For years there was no progress in the matter and the owners of Beloftebos already announced in February 2022 that the venue will no longer offer weddings to the public. At the time, the owners said in a letter to the HRC that after several years of prayer and contemplation, as well as the effects of the covid-19 pandemic which made weddings rare and difficult to host, they decided that it was now a new season for them and their farm.
The HRC and Beloftebos reached a settlement agreement through a mediation process in March this year, after which it was made an order of the court in April.
According to the agreement, the HRC accepts that the De Villiers couple had no intention to offend or offend any person, and that their refusal to accommodate same-sex couples is based on their deep-rooted religious belief.
Beloftebos is no longer available to the public as a wedding venue. (Photo: Facebook)
The couple now realizes that their refusal to accommodate same-sex couples at Beloftebos constitutes a prima facie case of unfair discrimination in terms of the Act on the Promotion of Equality and Prevention of Unfair Discrimination. They now also realize that unfair discrimination can occur, even in the absence of the intention to discriminate, and that the absence of the intention does not in itself make discriminatory behavior fair.
The couple apologized to one of the couples who wanted to get married at Beloftebos for the offense and hurt caused by their refusal.
The HRC, in turn, apologized to the De Villiers couple for not trying to resolve the matter through mediation from the beginning.
The HRC acknowledges that the couple, their extended family and staff at Beloftebos, have suffered tremendous personal harm and financial loss as a result of hateful comments published about them and misunderstandings arising from this case.
The owners of Beloftebos have committed to continuing to no longer make the venue available to the general public for marriages legalized by the state. If they decide to offer public services again in the future, they may not refuse based on sexual orientation.