Nelson Mandela Bay man gets his brick house after a nearly 20-year battle

‘What was extraordinary for me at first was how the municipality just ignored our letters… all of them,” Legal Aid SA civil attorney Nadia Jordaan said, recounting the story of a Nelson Mandela Bay resident’s fight for a house.

Jordaan began representing Sandisile Kenneth Benya in 2019 when he realised the futility of fighting the municipality on his own.

This month, Jordaan was finally able to visit Benya in his brick house.

“He always told me he was born in a shack and that I must make sure he didn’t die in a shack,” she said.

“It was late in 2019 or early 2020 when Benya came to see me,” Jordaan recalled. 

“He had this little notebook where his wife wrote down every interaction they had with the municipality about their house.”

She discovered that Benya had been approved for a housing subsidy in 2004, after having lived in a shack since 1988. But while the municipality built houses for others around Benya’s shack, they refused to build one for him, apparently because of a problematic stormwater drain.

“All it needed was a little redesign,” said Jordaan.

It proved impossible to get the municipality to respond. Jordaan then approached the Public Protector with all the documentation.

The Public Protector found the municipality’s actions amounted to “improper conduct” and maladministration. 

The municipal manager was ordered to take the appropriate steps, in consultation with the head of the Eastern Cape Department of Human Settlements, to ensure that Benya was provided with his approved RDP house and the title deed to the property within 180 working days from the date of the report.

And yet, the municipality still did nothing.

Read more in Daily Maverick: Service delivery collapse: ‘Gatvol’ Eastern Cape resident reports provincial-wide failures

“We then went to see the deputy director of public prosecutions because an order from the Public Protector has the same power as an order of the court,” Jordaan said.

Faced with a potential contempt of court charge, the municipality was finally forced to act.

“Benya has moved in now.”

Jordaan joined Legal Aid SA after a few years in private practice. She said she had always wanted to make a difference in the lives of South Africans.

“I’m grateful to Legal Aid SA and Nadia Jordaan for not giving up on my case,” said Benya.

“Mentally and emotionally, it’s been hell for me. But finally, my house has been built – it was handed over this year.”

The head of Legal Aid SA’s Kariega office, Wongi Makhenyane, said Jordaan was a dedicated and compassionate lawyer.

“She 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 wellbeing of his wife, children and grandchildren.

“This case is a testament to the unwavering perseverance and resilience of our practitioners. It took many years to reach its logical conclusion, but throughout the journey, Nadia remained steadfast in her pursuit of justice for Sandisile 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,” Makhenyane said.

He said Benya’s ordeal highlighted the importance of access to legal aid and the crucial role Legal Aid SA played in protecting the rights and dignity of vulnerable individuals in society.

“Nadia’s relentless advocacy exemplifies 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 homeownership 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,” Makhenyane said.

Legal Aid SA’s Eastern Cape Provincial Executive, Hope Bambiso, said:  “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.” DM