Human rights lawyers and activists in Eswatini have filed a lawsuit against the government, accusing it of striking an unconstitutional and secretive deal with former U.S. President Donald Trump’s administration to accept third-country deportees.
The case was scheduled to be heard at the High Court in Mbabane on Friday but was adjourned until September 25 after the government failed to file response papers, lead applicant Mzwandile Masuku told reporters outside the court.
Eswatini’s Attorney General, Sifiso Khumalo, dismissed the case, describing it as “a frivolous legal application” with no merit.
The controversy stems from the deportation of five convicted felons from the United States in July. The individuals — from Vietnam, Jamaica, Laos, Cuba, and Yemen — were sent to Eswatini, where authorities confirmed they are being held in solitary confinement pending repatriation.
The applicants, led by the Eswatini Litigation Centre, argue that the deal with Washington violated the constitution since it was never presented to parliament for approval and its terms remain undisclosed. They also raised concerns over the welfare of the deportees, noting that no one has been granted access to them.
“We want the executive to be held accountable. We demand transparency in matters of state importance and respect for the rights of all individuals within Eswatini, regardless of their origin,” Masuku said.
Eswatini, ruled by King Mswati III under Africa’s last absolute monarchy, insists the agreement poses no threat and was made in the spirit of its close ties with the U.S.
The International Organization for Migration (IOM) confirmed it had received a request from the Eswatini government to provide “post-arrival assistance” for the deportees but said discussions were ongoing and no final decision had been made.
The deportation deal aligns with Trump’s broader immigration policy, which sought to remove convicted foreign nationals and expand deportations to third countries.
