eSwatini to house more violent criminals from US
Publish date: 28 July 2025
Issue Number: 1136
Diary: IBA Legalbrief Africa
Category: Tenders
eSwatini has agreed to house five of the US’ most violent criminals and more than 150 terrorists, a decision made without involving its Attorney-General. City Press reports that critics warn that the kingdom’s role in holding these offenders could make it a target, with SA expressing concerns about potential spillover effects due to open borders. While the exact benefits for eSwatini remain unclear, favourable US trade tariffs are widely believed to have influenced the agreement. The development emerged last week when AG Sifiso Khumalo confronted Prime Minister Russell Dlamini with a copy of the secret agreement during a Cabinet meeting. Dlamini reportedly became enraged, declaring the agreement to be highly confidential. Khumalo’s office was not consulted on the matter, raising constitutional concerns as the detainees have not been convicted under eSwatini’s laws, leaving no legal framework for their detention conditions.
The eSwatini Women’s Movement last week raised concerns about whether the five individuals were informed of their transfer and given access to consular support from their home countries as this is a fundamental right of anyone detained or deported across international borders. The Sunday Tribune reports that the movement demanded to know who in the government authorised the acceptance of these individuals, the legal basis for the move and if they were detained in line with a valid detention warrant or a certificate of detention as prescribed by the Immigration Act. ‘If there is no such legal basis, under what authority are they being held? Any alternative basis for detention may contravene the Correctional Services Act No. 13 of 2017 and risks undermining the rule of law in eSwatini,’ the movement said.