Sandisile Kenneth Benya embarked on a journey to secure a home for his family 20 years ago. Little did he know that this path would lead to a tireless battle lasting nearly two decades. His hopes were dashed when the house he was promised was never built, leaving his family in uncertainty.
According to Benya the Municipality offered to move him from his shack to another shack, but he refused, citing that he had been waiting many years for his house to be built. Benya approached Legal Aid SA for assistance, and Civil Legal Practitioner Nadia Jordaan from the Kariega Local Office took on the case.
Research done by an independent party showed that with a few adjustments, the house could be built without interfering with the drainage system. Following a complaint filed by Jordaan, the National Prosecuting Authority instructed that house be built.
“I’ve lived here from 1988. My subsidy approval was in 2004 if my memory serves me correctly. I’m grateful to Legal Aid SA, Nadia Jordaan especially, for not giving up on my case. I don’t want to tell you lies, but mentally and emotionally it’s been hell for me but finally my house has been built and handed over in 2023,” said Benya.
Jordaan, a dedicated and compassionate legal practitioner, embarked on this journey with a profound commitment not only to secure shelter but also to restore her client’s dignity as the head of his household, ensuring the well-being of his wife, children, and grandchildren.
Wongi Makhenyane, Head of Office in Kariega said, “This case is a testament to unwavering perseverance and resilience of our practitioners. It took many years to reach its logical conclusion, but throughout the journey, Nadia Jordaan remained steadfast in their pursuit of justice for Benya and his family. For the first time in years Benya and his family will spend Christmas in the kind of home they have been longing for.”
Benya’s story is one that highlights the importance of access to legal aid and the crucial role it plays in protecting the rights and dignity of vulnerable individuals in society. Legal Aid SA’s dedication to providing legal assistance to those who cannot afford it and Jordaan’s relentless advocacy exemplify the principles of justice and equality that underpin our legal system.
The restoration of Benya’s dignity as the head of his household and the fulfilment of his dream of Home ownership are not just legal victories, they are triumphs of the human spirit. This case serves as a powerful reminder that the pursuit of justice may be long and challenging, but it is always worth it.
Legal Aid SA’s Eastern Cape Provincial Executive, Hope Bambiso confirms that “Legal Aid SA is proud to have played a pivotal role in this journey towards justice. We are committed to continuing our work in ensuring that every individual, regardless of circumstances, has access to legal representation and a chance to reclaim rights and dignity. Matters such as this have the potential to force institutions to relook the systems that they have in place for the good of those who rely on those systems.”
