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eSwatini judges grant Trump deportees access to lawyer

Publish date: 13 April 2026
Issue Number: 1172
Diary: IBA Legalbrief Africa
Category: Litigation

A court in eSwatini has ruled that the first five migrants the Trump administration sent to the African kingdom have a right to a lawyer, after they were denied legal representation on their transfer from the US to a Swazi jail in July, reports CNBC Africa. The court rejected a government argument that the detainees had not specifically requested the human rights lawyer Sibusiso Nhlabatsi represent them. Nhlabatsi has been trying to fight the migrants’ case without access to them. ‘There can be no real harm in granting the respondent access to the detainees,’ the three judges ruled in a decision reviewed by Reuters. The detainees are among at least 19 third-country migrants – from various countries in Africa, Asia and the Americas – that Trump’s administration deported to eSwatini as part of its crackdown on immigration. The judgment only applies to the first five arrivals, as the challenge was first launched on their behalf, although it could set a precedent for the others. eSwatini, an absolute monarchy ruled by King Mswati III, has released only two of the detainees so far; a Jamaican man last year and a Cambodian last month. Lawyers in eSwatini and the US have challenged the legality of the $5.1m deal between the two countries, which has resulted in deportees being incarcerated in the southern African nation despite having already served sentences for crimes committed on US soil. The High Court last month threw out a case filed by a local human rights lawyer that challenged the deal itself, though the lawyer has appealed.

Full CNBC Africa report

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