Eswatini government faces court battle over US deportee deal
2 Min Read
Rights groups in Eswatini challenge a secretive US deal to deport migrants, citing prison overcrowding, lack of parliamentary approval, and violations of constitutional and human rights.
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Matsapha Correctional Complex is seen in Matsapha, near Mbabane, Eswatini, Thursday July 17, 2025. (AP)
A coalition of NGOs has filed a legal challenge against Eswatini’s decision to accept five men deported by the United States, arguing the deal is unconstitutional and violates the detainees’ human rights.
The men, from Vietnam, Jamaica, Laos, Yemen, and Cuba, were transferred in July under a controversial US initiative to deport millions of migrants and asylum seekers.
Washington described them as dangerous criminals, but rights advocates say their detention at the overcrowded Matsapha maximum-security prison, operating at 190% capacity, is unlawful and inhumane.
The Southern African Litigation Centre (SALC), one of the plaintiffs, stated, “This litigation signals to the continent and the world that African nations cannot serve as dumping grounds for unresolved issues.”
Attorney General Sifiso Khumalo dismissed the case as “a frivolous legal application,” telling Reuters that the government acted within its powers to sign international agreements on behalf of the crown.
Wider context
The legal dispute comes amid growing concern over US deportation practices. Earlier this year, 252 Venezuelans were flown to El Salvador, where they were held for more than four months in a notorious prison before being sent to Venezuela. Similar transfers have seen deportees sent to South Sudan, Uganda, and Rwanda under secretive arrangements.
Plaintiff NGOs argue that Eswatini’s Parliament was bypassed in approving the deal. Zakithi Sibandze, national coordinator of Rural Women’s Assembly Eswatini, said: “This agreement is unconstitutional because it should have been presented to and approved by our members of parliament. That clearly didn’t happen, and you could see our MPs were completely in the dark based on how they grilled the government about it.”
Melusi Simelane of SALC added, “We want the details of this deal … the prime minister and this government, they are withholding information, information that is very pertinent to our rights as citizens.”
The High Court postponed the hearing until 25 September, with judges indicating the case could be referred to the Constitutional Court. Meanwhile, the International Organization for Migration confirmed it is in talks with Eswatini to provide post-arrival assistance to the deportees.
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