Government has come under sharp criticism for accepting 10 more foreign nationals deported from the United States just a day before a critical court hearing on the legality of the controversial deportee-hosting agreement.
Melusi Simelane of the Southern Africa Litigation Centre (SALC), one of the applicants challenging the agreement, blasted government’s act as a blatant disregard for the rule of law and the principle of separation of powers, accusing the executive of undermining the judiciary’s constitutional role.
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“Even as a critical court action is scheduled to be heard tomorrow (today) in the High Court, government has once again demonstrated a blatant disregard for the rule of law and the principle of separation of powers by proceeding with the intent to receive yet another group of third-country nationals.
This decision weakens the judiciary and casts doubt on the integrity of our legal system,” Simelane said.
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“Any administration that respects the sanctity of the rule of law and the separation of powers would have immediately ceased any actions affected by the pending court proceedings, allowing the courts to deliver their opinion on the matter,” he added.
Simelane further noted that the court application specifically seeks an interdict to halt the admission of more deportees while the constitutionality of the US–Eswatini agreement is examined.
He highlighted the case of Kilmar Armando Ábrego García, one of the individuals contesting his deportation from the US, as an example of what he described as illegal deportations being facilitated under this arrangement.
“This action risks infringing upon the judiciary’s constitutional duty to perform its functions without interference from the executive. The government’s actions will threaten the legal process and diminish public trust in its capacity to govern according to the law,” Simelane warned.
“This decision exemplifies a wider pattern of neglect towards legal and constitutional norms. It serves as a stark reminder of the urgent need for accountability and broad democratic reforms, as well as the importance of reinforcing respect for constitutional principles.
“Looking forward to the High Court tomorrow,” he stated.
His Majesty’s Correctional Services (HMCS) confirmed yesterday that 10 new deportees arrived earlier in the day and were transferred to Matsapha Maximum Correctional facility. This brings the total number of foreign nationals held under the programme to 15.
The Eswatini Litigation Centre (ELC), the Swaziland Rural Women’s Assembly (SRWA), and Simelane filed the urgent application against Prime Minister Russell Mmiso Dlamini, arguing that the agreement with the US is unconstitutional, irrational, and unlawful because it bypassed parliamentary ratification required under section 238 of the Constitution.
They are seeking a declaration invalidating the agreement, an order compelling government to disclose its full terms and any financial benefits, and an interdict stopping the reception of more deportees pending finalisation of the case. The High Court is scheduled to hear the matter today.
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