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The government of Eswatini is under legal scrutiny after human rights lawyers and activists filed a case challenging its agreement with the United States to accept third-country deportees. The petitioners argue that the arrangement, allegedly struck with former U.S. President Donald Trump’s administration, was unconstitutional and lacked transparency.
The case, filed by the Eswatini Litigation Centre, was scheduled for hearing at the High Court of Eswatini but was postponed to September 25 due to the government’s failure to file response papers. The applicants maintain that the deal violated constitutional procedures as it was neither disclosed to the public nor approved by parliament, as required for such international agreements.
Eswatini’s Attorney General, Sifiso Khumalo, dismissed the case, terming it a “frivolous legal application” with no substantive basis.
In July, the United States deported five convicted felons from Vietnam, Jamaica, Laos, Cuba, and Yemen to Eswatini under the arrangement. Authorities in Eswatini confirmed that the individuals are being held in solitary confinement while awaiting possible repatriation. Concerns have been raised by the petitioners that no independent observers or rights groups have been granted access to check on their welfare.
Lead applicant and lawyer Mzwandile Masuku stressed that the case is not only about the deportees but also about government accountability and transparency. “We want the executive to be held accountable, we want transparency dealing with matters of state importance, and respect for the rights of all individuals who are in Eswatini regardless of who they may be,” he said.
The activists insist that such an agreement must be subjected to parliamentary oversight, particularly because it deals with human rights and state sovereignty.
Eswatini, ruled by King Mswati III as an absolute monarchy, has previously defended the deal, stating that the deportees pose no threat and that the decision was driven by its cordial relations with Washington.
Meanwhile, the International Organisation for Migration (IOM) confirmed receiving a request from Eswatini to provide post-arrival assistance for the deportees. However, the agency has yet to decide whether it will participate.
The case arises against the backdrop of Donald Trump’s immigration policies, which sought to deport millions of undocumented immigrants and expand removals to third countries. Eswatini’s decision to accept deportees highlights how smaller nations are being drawn into broader U.S. immigration enforcement strategies.
The pending High Court ruling will determine whether Eswatini’s secretive deal with the United States will stand or be struck down as unconstitutional. At its core, the case underscores growing tensions between state secrecy, international agreements, and the demand for transparency and human rights protections.
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