A group of NGOs is challenging Eswatini’s acceptance of five people deported by the US, arguing the deal was unconstitutional and violated the imprisoned men’s human rights.
The men from Vietnam, Jamaica, Laos, Yemen and Cuba, who the US said were dangerous criminals, were flown to the small southern African country in July, as the Trump administration attempts to deport millions of migrants and asylum seekers.
The men’s imprisonment, at the maximum security Matsapha correctional centre, caused outrage in Eswatini, formerly Swaziland, whose king, Africa’s last absolute monarch, appoints the prime minister and cabinet.
A group of NGOs and activists filed a legal challenge against the government last week, arguing that the deal, whose terms have been kept private by the government, violated due process and that the prison where the men were being held was 190% over capacity.
The Southern African litigation centre (Salc), whose programme manager is one of the plaintiffs, said at the time: “This litigation signals to the continent and the world that African nations cannot serve as dumping grounds for unresolved issues.”
Eswatini’s attorney general, Sifiso Khumalo, told Reuters the case had no basis, adding: “It’s a frivolous legal application.”
The US had previously deported 252 Venezuelans to El Salvador, where they spent more than four months in a notorious prison before being returned to Venezuela. Eight men were sent to South Sudan after spending weeks in a shipping container in Djibouti. Uganda and Rwanda have also agreed to take in deported people.
The high court case was postponed to 25 September and may be referred to the constitutional court by the high court judges, the Salc said.
Mzwandile Masuku, a lawyer for the applicants, said: “The judge was of the view that the pleadings or papers in the judge’s file were not complete, meaning the matter is not ripe for argument.”
In papers submitted to the court on Thursday, the attorney general argued that the case was not urgent and plaintiffs did not have legal standing. The papers said: “The [constitution] empowers government to executive international agreements in the name of the crown.”
Zakithi Sibandze, the national coordinator of Rural Women’s Assembly Eswatini, one of the plaintiff NGOs, 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.”
She added: “The government assures us these individuals are in secure facilities, but that does not ease our fears. We have heard stories of criminals escaping from prison. We are not convinced.”
Melusi Simelane of the Salc said: “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 International Organization for Migration, a UN agency, said it was discussing with the Eswatini government a request to provide the deportees with “post-arrival assistance”, without providing further details or whether it would grant the request.
