The case challenging the transfer of foreign deportees from the United States to Eswatini will be heard by a full bench of the High Court, with the hearing set for November 3.
The bench has been constituted and will comprise Judge Ticheme Dlamini, Judge Titus Mlangeni and Judge Bonginkhosi Magagula.
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The case, brought by the Eswatini Litigation Centre (ELC), joined by the Swaziland Rural Women’s Assembly (SRWA) and human rights defender Melusi Simelane, targets Prime Minister Russell Mmiso Dlamini and questions the legality and constitutionality of the arrangement under which five foreign nationals convicted in the United States were transferred to Eswatini in July 2025.
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The deportees were initially housed at Matsapha Maximum Correctional Facility, though one has since been repatriated.
At the core of the applicants’ argument is that the agreement qualifies as an international agreement under Section 238 of the Constitution, which mandates parliamentary ratification.
They contend that the transfer, concluded without parliamentary oversight, was therefore unconstitutional. The applicants further demand full disclosure of the arrangement’s terms, including any financial benefits and seek to interdict additional deportations pending the outcome of the case.
During the initial hearing, Judge Titus Mlangeni acknowledged the gravity of the matter, emphasising that it involved all the hallmarks of constitutionality. He noted that the case challenged the limits of executive power and the authority to conclude international agreements without legislative approval. Judge Mlangeni expressed concern that issuing substantive orders in such a matter would be inappropriate, even if he agreed with the applicants’ position.
Instead, he referred the matter to the chief justice to constitute a full bench, underlining the constitutional importance of the issues raised.
The applicants’ legal team, led by attorney Mzwandile Banele Masuku, clarified that their arguments would focus strictly on constitutional and administrative law, steering clear of private international law or conflict-of-law issues.
They argued that the deportee agreement was not merely administrative, as it involves multiple government departments, carries potential financial obligations with serious political and legal implications.
Financial transparency has also come under scrutiny. Masuku referenced similar agreements in other countries such as US$5 million to El Salvador and US$14 million to Panama to argue that parliamentary oversight and accountability is necessary.
The bench’s determination will address both the constitutionality of the agreement and the applicants’ request for interim relief, including disclosure and suspension of further deportee transfers.
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