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Eswatini: Challenging the US-Eswatini deportation agreement

In the Eswatini Litigation Centre and Others v Prime Minister of the Kingdom of Eswatini and Others case, the applicants seek to declare an agreement between Eswatini and the United States unconstitutional and invalid, arguing it violates the Eswatini Constitution by lacking parliamentary ratification and public participation.

Background
Under the current US administration, the US pursued agreements with various countries to accept deportees who are third-country nationals with criminal records, as part of a broader deportation campaign. A confidential deal was struck with the Kingdom of Eswatini, reportedly to avoid US trade tariffs. This agreement allowed Eswatini to receive five deportees from Vietnam, Jamaica, Laos, Yemen, and Cuba, convicted of serious crimes including murder, homicide, and child rape.

As the US covers the costs of their imprisonment, the Eswatini government confirmed the arrival and detention of the deportees on 16 July 2025, with Prime Minister Russell Dlamini expressing willingness to accept more if capacity allows. Concerns have been voiced about using African nations as “dumping grounds” for deportees from the Global North, raising human rights issues.

Facts
In March 2025, US diplomats met with Eswatini officials to push for the agreement, as revealed in a Department of Homeland Security memo. The five deportees arrived in Eswatini and are currently detained. Human rights organisations, learning of the deal, threatened legal action if Eswatini did not withdraw.

On 14 August 2025, the Eswatini Litigation Centre, Swaziland Rural Women’s Assembly, and Southern Africa Litigation Centre filed an urgent application in the High Court of Eswatini challenging the agreement’s validity. The respondents are the Prime Minister, Commissioner of Correctional Services, Minister of Home Affairs, Minister of Foreign Affairs, and Attorney-General. Neighbouring South Africa has expressed security concerns, summoning Eswatini’s High Commissioner for discussions.

Legal Issues
The application contends that the agreement violates section 238 of the Eswatini Constitution, which requires international agreements to be ratified by Parliament or a two-thirds majority in a joint sitting. Key issues include executive overreach without public participation or transparency, potential risks to international relations (e.g., with deportees’ home countries or neighbours like South Africa), and breaches of human rights and international law obligations. The applicants seek declarations of unconstitutionality, disclosure of the agreement’s terms and financial details, and an interdict preventing further deportee arrivals pending resolution.

SALC’s Involvement
SALC’s Melusi Simelane is a co-applicant in the urgent application, collaborating with the Eswatini Litigation Centre and Swaziland Rural Women’s Assembly. SALC’s civic rights cluster lead, Melusi Simelane, highlighted the case as an example of Global North countries exploiting African states for political purposes, emphasizing the need for transparency and parliamentary oversight to protect constitutional democracy.

Current Status
The urgent application was filed on 14 August 2025 and is pending before the High Court of Eswatini.  The Eswatini government stated that it will allow the courts to decide. The matter was heard on 3 November 2025 at the High Court before a Constitutional bench. Awaiting ruling.

Documents

  • Urgent application application to the High Court of Eswatini (filed 14 August 2025).

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