Eswatini Faces Court Challenge Over Secret US Deportee Agreement

• Aug 24, 2025

Lawyers and rights activists in Eswatini have taken the government to court over a secret deal with the United States to accept deportees from other countries, arguing the agreement was unlawful and lacked transparency. The case, led by the Eswatini Litigation Centre, was expected to be heard at the High Court on August 22 but was postponed to September 25 after the government failed to file its response.

Lead lawyer Mzwandile Masuku told reporters outside court that the legal challenge seeks accountability and transparency in state dealings. “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 dispute stems from an agreement between the Eswatini government and Washington, which allowed deportees with criminal records from different countries to be transferred to the kingdom. In July, five individuals from Vietnam, Jamaica, Laos, Cuba, and Yemen arrived in Eswatini under the arrangement. The government confirmed that all had prior criminal convictions and are being held in solitary confinement until they can be returned to their countries of origin.

Critics argue the deal was not only secretive but also unconstitutional since it was never presented to parliament. They further claim that independent groups have been denied access to check on the well-being of the deportees.

Eswatini’s Attorney General, Sifiso Khumalo, dismissed the legal challenge, describing it in a text message as “a frivolous legal application.” The government, which operates under the absolute monarchy of King Mswati III, insists the deportees pose no threat to the public and that the deal reflects its friendly relations with the United States.

The International Organisation for Migration (IOM) confirmed it had received a request from Eswatini to provide post-arrival assistance for the deportees but did not specify how it would respond.

The controversy comes against the backdrop of US President Donald Trump’s broader immigration crackdown, which includes an expansion of third-country deportations. Rights advocates say the Eswatini case highlights the risks of secretive international agreements that impact both national sovereignty and human rights.