Case No. 15931/96
10 December 1996
JUDGEMENT
IN THE SUPREME COURT OF SOUTH AFRICA
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)
Before the Honourable Mr Justice Desai on Tuesday 10 December
1996
Case No. 15931/96
In the matter between:
JOAO PEMBELE
First Applicant
KABUYA MULAMBA
Second Applicant
PHILLIPE GOMES KUTENGALA
Third Applicant
MANZAMBI FERNANDO
Fourth Applicant
CARLOS JOAQUIM
Fifth Applicant
JOAO MIGUEL MBALA
Sixth Applicant
THE HUMAN RIGHTS COMMISSION
Seventh Applicant
and
APPEAL BOARD FOR REFUGEE AFFAIRS
First Respondent
THE MINISTER OF HOME AFFAIRS
Second Respondent
THE DIRECTOR GENERAL OF THE MINISTRY OF HOME AFFAIRS
Third Respondent
THE MINISTER OF JUSTICE
Fourth Respondent
THE MINISTER OF FOREIGN AFFAIRS
Fifth Respondent
THE DIRECTOR GENERAL OF THE MINISTRY OF FOREIGN AFFAIRS
Sixth Respondent
__________________________________________________________________________
ORDER
__________________________________________________________________________
By agreement between the parties it is order as follows:
1. The Second and Third Respondents shall forthwith ensure that asylum seekers are given the reasons in writing for any adverse decisions by the Standing Committee For Refugee Affairs ("the Standing Committee").
2. All pending appeals against decisions of the Standing Committee involving asylum seekers who have not been furnished with reasons in writing shall be suspended until such reasons are furnished whereupon they shall be entitled to supplement and/or amplify their appeal to the First Respondent within a reasonable time to be determined by the Second and/or Third Respondents.
3. The Second and Third Respondents shall jointly and severally pay the Applicants= disbursements, including the costs of two Counsel, as taxed or agreed.
BY ORDER OF THE COURT REGISTRAR
WR Kerfoot
c/o 84 Legal Resources Centre
J Moffatt
c/o 48 CK Friedlander Shandling & Volks
Cape Town
/mg