The owners of an East Rand restaurant, which refuses entry to same-sex couples on certain days, have told Eyewitness News they don't believe they’re violating the Equality Act.
The Lake Restaurant in Brakpan holds what it calls 'date night' every Thursday, but refuses entry to gay couples.
In an EWN undercover investigation, two reporters posed as same-sex partners and tried to eat dinner at the restaurant, but they were not allowed in.
When Clement Manyathela and Victor Magwedze arrived at the restaurant holding hands the owner appeared shocked by their presence.
After asking if the pair were a couple he proceeded to tell them they are not welcome.
“Monday to Friday, Tuesday to Sunday, on Thursdays we don’t allow single people we only allow a man and a woman in. So we are going to have to refund you.”
[WATCH] 'No gays please!' It's 'date night' in Brakpan
He then called his wife, who reiterated his views, adding that 'date night' was no different to other themed events such as singles night, a strictly all-girl evening, or even a senior citizen event.
“You can come anytime but date night is for a couple only, not for two men or two women. It is irrelevant to me whether you are gay or not.”
Although section 9(4) of the Bill of Rights explicitly prohibits any person from unfairly discriminating against another on the basis of sexual orientation, Sammi-jo Amiras disagrees.
“We are not violating. Do you know what is discriminating? If two women come here and I ask them sorry are you gay? Is that not discriminating, asking them that question? Who gives me the authority to ask them that, but then how do I know if they're gay not when they go inside? And whether you are single or romantically involved, we can’t do it.”
Legal minds say while private businesses have the right to refuse admission to a customers it can’t be on the basis of gender, sexual orientation or disability.