GEN KAYUMBA NYAMWASA VS CORMSA 

AGREED ORDER

1. The appeal succeeds.

2. The decision, apparently taken on or about June 2010 by the Ninth Respondent and/or the Tenth Respondent and/or the Eleventh Respondent acting under supervision and control of the Second and Sixth Respondents (“the impugned decision”), to grant Kayumba Nyamwasa, the Twelfth Respondent, refugee status in terms of the Refugees Act, 130 of 1998 (“the Refugees Act”) is reviewed and set aside.

3. The order in paragraph 2 above is suspended for a period of 180 days from the date of this Court’s order to enable the Tenth Respondent and a Refugee Status Determination Officer appointed by the Ninth Respondent, under the supervision and control of the Second and Sixth Respondent, to reconsider and make a final decision on the refugee status of the Twelfth Respondent in terms of the Refugees Act.

4. The question of the Twelfth Respondent’s refugee status in terms of the Refugees Act is remitted for reconsideration to the Tenth Respondent and a Refugee Status Determination Officer appointed by the Ninth Respondent, under supervision and control of the Second and Sixth Respondents, subject to section 21(5) of the Refugees Act and the following:

a. The Appellant, and other interested parties, shall be permitted to make written and oral submissions to the Tenth and Eleventh Respondents regarding the grant or refusal of refugee status to the Twelfth Respondent, which submissions shall be taken into account by the Tenth Respondent, and a Refugee Status Determination Officer appointed by the Ninth Respondent, prior to any final decision in respect of the Twelfth Respondent’s refugee status;