The Southern Africa Litigation Centre (SALC) has announced its backing of an urgent legal application filed in the High Court of Eswatini regarding the detention of five foreign nationals deported from the United States.
The case, led by Human Rights lawyer Sibusiso Magnificent Nhlabatsi, challenges the denial of access to these detainees, who have been held in isolation at the Matsapha Correctional Complex since their arrival in Eswatini on 16 July 2025.
The detainees, men from Yemen, Cuba, Jamaica, Vietnam, and Laos, had served felony sentences in the U.S. before being deported under a confidential agreement between the U.S. and Eswatini governments. The terms of this arrangement, however, have not been disclosed to the public or Parliament, raising concerns over transparency and legality. Reports suggest that their countries of origin were not notified of the transfer, further compounding the mystery surrounding the situation.
“These men, with no ties to Eswatini, must be able to consult counsel to verify their conditions, challenge their status, and ensure protections against ill-treatment,” said Melusi Simelane, SALC’s Programme Manager for Civic Rights. “The refusal to allow legal access is a clear infringement of constitutional rights and perpetuates an unlawful detention regime.”
Mr. Nhlabatsi attempted to visit the detainees on 25 July 2025 but was denied access by correctional officials. Despite presenting his credentials, he was told that communication devices were being installed and that a future “pre-approved list” system would be used to control visits based on family contacts.
The legal application argues that denying legal consultations violates Eswatini’s Constitution, specifically Section 21, which guarantees the right to legal representation, and Section 16(6), which ensures access to counsel and family. Furthermore, the action is said to contravene international human rights standards under the International Covenant on Civil and Political Rights.
SALC, which is providing technical and strategic support to Nhlabatsi and local partners, including the Swaziland Litigation Centre and Swaziland Rural Women’s Assembly, has called on the Eswatini government to disclose the full terms of the deportation agreement and allow consular representatives to visit the detainees. The organisation also advocates for independent oversight by entities like the African Commission on Human and Peoples’ Rights.
This legal challenge highlights broader concerns about governance in Eswatini, where SALC has previously supported efforts to address arbitrary detentions, lack of judicial independence, and restrictions on civil liberties.
“As we continue to push for accountability in this case, it is critical for Eswatini to reject future deportations under such opaque agreements that do not respect due process and human rights,” Simelane added.
