Mbabane, Eswatini – The Southern Africa Litigation Centre (SALC), Eswatini Litigation Centre (ELC), and the Swaziland Rural Women’s Assembly express deep concern over the renewed postponement of the case challenging the legality of the deportation agreement between the Governments of Eswatini and the United States.
Once again, instead of engaging the Court on the substance of the matter, the Government of Eswatini and the Attorney General have chosen deflection and inaction. During yesterday’s hearing, the Respondents confirmed they would not file an answer while the constitutional issues prompted the Judge to refer the case to the Chief Justice for the constitution of a full bench which results in further delays of the matter.
This marks another setback in a case that goes to the heart of constitutional governance: whether the executive may secretly enter into international agreements and execute them without parliamentary oversight or public consultation. Meanwhile, the Government continues to receive deportees from the United States under the very agreement being challenged. This conduct not only disrespects the authority of Eswatini’s courts but also undermines the rule of law and the constitutional principle of checks and balances.
“By continuing to bring in deportees while the matter is before courts, the Government shows disregard for the procedure before courts and the individuals being deported. Every deportee has the right to due process, fair treatment, and dignity. Eswatini’s executive cannot place itself above the Constitution.” said Anneke Meerkotter, Executive Director of SALC.
The applicants argue that the deportation agreement is unconstitutional because it was entered into without parliamentary ratification or public participation, in violation of sections of the Constitution that require legislative oversight over international treaties. Despite clear legal obligations, the Respondents have failed to provide the Court or the public with details of the agreement or its implementation. Mzwandile Masuku, Director of the Eswatini Litigation Centre highlighted that:
“This case is not about politics—it’s about principle. Our Constitution demands transparency and accountability in international dealings. The Government cannot make binding commitments to foreign powers without the knowledge or consent of the people’s representatives.”
As Eswatini continues to accept additional deportees from the U.S., civil society groups are calling for immediate transparency and accountability. Zakithi Sibandze of the Swaziland Rural Women’s Assembly emphasised that:
“Given the importance of this matter, another delay is seriously alarming. No government should be allowed to bypass Parliament and the people it serves. We cannot continue to see people arriving under secretive deals made behind closed doors. Citizens deserve to know what agreements their Government is signing in their name, especially when it involves human lives.”
SALC, ELC, and the Swaziland Rural Women’s Assembly remind the Government that democracy is not sustained through secrecy but through participation, oversight, and respect for the rule of law.
The Applicants await directions from the Court regarding the constitution of a full bench to hear this matter. Until then, the call remains clear: Respect the Court. Respect the Constitution. Respect the People.
More on the case here.