By Lunga Masuku
MBABANE, Feb 4 (Reuters) – Eswatini’s high court has thrown out a case filed by human rights lawyers and activists that challenged the government’s deal with the United States to accept third-country deportees.
U.S. President Donald Trump’s administration has sent at least 15 third-country deportees to Eswatini since last July, as part of its crackdown on illegal immigration. The small southern African country received $5.1 million as part of the deal.
The applicants in the case, led by the Eswatini Litigation Centre, had claimed that the agreement was unconstitutional because it was not submitted to parliament for approval and the terms were not disclosed.
Three judges dismissed the case on the primary grounds that the applicants did not have a direct interest in the matter and therefore did not have the right to bring it to court, according to a copy of the judgment delivered on Tuesday.
They also raised other issues, such as the fact that the applicants could not produce a copy of the agreement they were challenging.
A lawyer for the applicants was not immediately available for comment.
Eswatini is an absolute monarchy ruled by King Mswati III. Although its courts are independent in theory, Mswati gets the final say on all appointments of senior judges. Rights groups and legal experts say judicial independence is susceptible to interference from the king and his executive.
Eswatini is one of several African countries that have made secretive deals with the Trump administration to accept deportees.
Those sent to Eswatini have included nationals of Vietnam, Cuba, Laos, and Yemen. They are being held in prison, except for one who was repatriated to Jamaica.
(Additional reporting and writing by Nellie Peyton; Editing by Alexander Winning, Aidan Lewis)
