The Supreme Court of the Kingdom of Eswatini has rejected a lawsuit filed by lawyers and human rights activists challenging the government’s agreement with the United States of America (US) to accept deportees from third countries.
The administration of US President Donald Trump has sent at least 15 deportees from third countries to the kingdom since July last year as part of its crackdown on illegal immigration. The small southern African country received $5.1 million as part of the agreement.
The plaintiffs in the case, led by the Eswatini Litigation Center, argued that the agreement was unconstitutional because it had not been submitted to Parliament for approval and its terms had not been disclosed.
Three judges dismissed the case on the main grounds that the plaintiffs did not have a direct interest in the matter and therefore did not have standing to bring the case to court, according to a copy of the ruling handed down on Tuesday (3). The judges also raised other issues, including the fact that the plaintiffs were unable to produce a copy of the agreement they were challenging.
“We are instructed to respect the law, but we see powerful actors circumventing the Constitution,” said the Swaziland Rural Women’s Assembly, one of the plaintiffs, in a statement.
“(This case) is about whether people in Eswatini have the right to challenge their government’s decisions.”
The country’s attorney general told Reuters last year that the lawsuit had no legal basis.
Eswatini is an absolute monarchy ruled by King Mswati III. Although, in theory, the courts are independent, Mswati has the final say on all senior judicial appointments. Human rights organizations and legal experts say that judicial independence is susceptible to interference from the king and his executive branch.
Eswatini is one of several African countries that have signed secret agreements with the Trump administration to accept deportees.
Among those sent to the country by the US are nationals from Vietnam, Cuba, Laos, and Yemen. They are being held in prisons, with the exception of one who was repatriated to Jamaica.
Source: Lusa
