Mbabane, Eswatini, 22 August 2025: In the ongoing High Court case filed on 14 August 2025 by the Eswatini Litigation Centre, Swaziland Rural Women’s Assembly, and Southern Africa Litigation Centre (SALC), challenging the constitutionality of the US-Eswatini deportation agreement for lacking parliamentary ratification and public participation, the Attorney General and respective members of the government failed to appear in Court during the scheduled hearing on 22 August 2025.
While the State submitted a notice to oppose this case, arguing, among others, that the applicants lack the legal standing to challenge the legality of agreements between the executive branch and a foreign nation, the legal representatives did not appear before the High Court this morning. The Court adjourned the matter to 25 September 2025. Although the Court has considered referring the case to a constitutional bench, it ultimately delayed doing so pending the submission of response papers from the Attorney General.
“We are extremely disappointed that the matter had been postponed, and are concerned that the State has continued to fail to take citizens into its confidence in relation to the nature of the agreement it entered into with the US,” said Zakithi Sibandze, who, with other members of the Swaziland Rural Women’s Assembly had lined the streets in advance of the case this morning, calling for State accountability.
The issue of third-country deportations remains critical, with Uganda being the latest country to indicate its willingness to accept deportees from the United States.
Eswatini Litigation Centre, Mzwandile Masuku, Swaziland Rural Women’s Assembly and Melusi Simelane are applicants in this matter, represented by human rights lawyers, Mhlengi Mabuza and Mzwandile Masuku of Mkhabela Attorneys, supported by the Southern Africa Litigation Centre.