Seasoned Eswatini human rights lawyer Sibusiso Nhlabatsi has launched a High Court bid to gain access to five “dangerous” convicted criminals deported to the African nation from the United States. 

Nhlabatsi is challenging the prison authorities’ refusal to allow him to meet and consult with the detained men. According to media reports, the deported men intend to challenge their presence in eSwatini.

Earlier this week, IOL reported that the deportation of the five hardened criminals, a decision by US President Donald Trump’s administration, reportedly took Eswatini citizens and activists by surprise and shock.

Speaking to IOL on Friday, Nhlabatsi said his commentary is limited because the matter is before the courts.

“However, the core of my application is to ask the court to grant me an order to access the deportees. I have been given specific instructions by three US-based attorneys who were representing them back home, and the purpose of my visit is simply to fulfill those instructions,” Nhlabatsi told IOL.

“Last Friday, the prison authorities denied me access, citing that they were still working on facilities or gadgets that would allow the deportees to call home.”

Nhlabatsi argued that the actions of the eSwatini authorities were unlawful.

“In my view, this is unlawful because it denies them legal access and representation which is constitutionally guaranteed,” he said.

IOL reported earlier this week that the move has also sparked outrage in the small landlocked nation, and fears abound that the criminals may end up in South Africa.

The Trump administration announced over a week ago that it would be sending the men who are illegal immigrants from Vietnam, Jamaica, Laos, Yemen and Cuba convicted of child rape, murder, burglary, and being gang members and whose countries refuse to take them back.

Speaking to IOL previously, Bheki Makhubu, editor of the monthly news magazine The Nation, said people of eSwatini feel betrayed.

“Essentially, emaSwati feel they were betrayed by the leadership of eSwatini. This move came as a complete surprise and seems to have been arranged and known by only a select few people. This deal feels like an invasion of our country by the US. We feel our leaders have sold our country to Trump behind our backs,” he said.

“This country is nobody’s personal property and therefore we’re upset and most importantly, afraid. There’s a fear that if this is allowed to continue, and it looks like more prisoners are coming, one day we will wake up and find that we’ve been annexed by another country behind our backs.”

Makhubu added that his understanding was that the dangerous criminals are set to spend only a year in eSwatini.

“If, as we are told, they are not wanted in their own countries, what will happen to them? Our economy is very small, I doubt they’ll want to stick around once free. The next best place to go is South Africa. 

“Remember, South Africa is the gateway to the rest of the world and the economy is large enough for them to try and make a living there. So they could also seek to make your country home,” said Makhubu.

Earlier this month, IOL reported that the Kingdom of eSwatini has become the focus of regional scrutiny following the arrival of the five foreign nationals deported from the United States and transferred to its correctional system — individuals convicted of serious crimes, including murder and child rape.

Held in isolated prison units, these inmates — citizens of Vietnam, Jamaica, Cuba, Laos, and Yemen — were reportedly rejected by their home countries, prompting the US Department of Homeland Security to describe these offenders in harsh terms.

The eSwatini government confirmed the transfer in a statement released by spokesperson Thabile Mdluli: “Indeed, five inmates are currently housed in our correctional facilities in isolated units, where similar offenders are kept. The government acknowledges the widespread concern regarding the deportation of third-country prisoners from the US into eSwatini.”

When reached for further comments, Mdluli revealed that the government could accommodate additional deportees beyond the initial five, depending on further discussions and available capacity. Officials confirmed there were no set timelines for repatriating the deported prisoners, as the process depended on cooperation with their countries of origin.

jonisayi.maromo@iol.co.za

IOL News  

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