In a bold move that’s shaking Eswatini’s political space, the Eswatini Litigation Centre (ELC) has teamed up with rights activists to drag their own government to court over a secret deportation agreement with the United States.
According to them, the deal is not only hidden from the public, but it has also already been used to dump five foreign nationals — none of whom have any connection to Eswatini — into the country. These individuals, from Vietnam, Jamaica, Cuba, Yemen, and Laos, were flown in straight from the US and locked up in Matsapha Maximum Correctional Facility. A CNN investigation had earlier exposed how the US uses untracked deportation flights to quietly send people to third countries.
For the activists, this is a dangerous precedent. They argue the agreement violates the constitution, bypasses parliament, and was signed without any public input. “This is about protecting our democracy,” said ELC Director Mzwandile Banele Masuku. “For 20 years, our Constitution promised that no leader can make such international decisions unchecked. This deal breaks that promise.”
The pushback is not just about legality, but also about the strain on Eswatini’s resources. Zakithi Sibandze from the Swaziland Rural Women’s Assembly (SRWA) warns that rural communities already face neglect, and this kind of deal diverts attention and funding from urgent local needs. Melusi Simelane of the Southern Africa Litigation Centre (SALC) went even further, saying the agreement turns Eswatini into “an extension of US immigration policy” and undermines Africa’s sovereignty.
Currently, the five deportees are in solitary confinement. Meanwhile, Eswatini’s prisons are already bursting at 171% capacity, and regional relations are being tested. The litigants are now demanding full disclosure of the agreement, parliamentary oversight for similar deals, and a commitment to transparent governance.
For now, the government isn’t saying much. When contacted, spokeswoman Thabile Mdluli said the matter is “sub judice” and cannot be discussed publicly. But one thing is certain — this case is set to become a landmark fight over sovereignty, accountability, and how much power a government can wield in secrecy.
