The decision rejects the government’s claim that the detainees had not formally requested representation and is being viewed as a significant affirmation of constitutional rights within the kingdom.
The ruling currently applies to five migrants, but legal experts say it could set a precedent affecting at least 19 individuals transferred to Eswatini under a controversial bilateral arrangement linked to US deportation policies during Donald Trump’s Presidency.
Speaking to Channel Africa on Friday, Swaziland News Editor Zweli Martin Dlamini said the ruling is critical because it reinforces the principle that anyone within Eswatini’s borders is entitled to the protections of the country’s Constitution.
“The right to legal representation is a fundamental constitutional right in Eswatini,” Dlamini said. “These detainees had not committed any crime in the country, yet they were held and denied access to their lawyer. The court has now made it clear that this cannot stand.”
The migrants were detained following a confidential agreement reportedly signed in mid‑2025 between Washington and Mbabane, under which the US transferred deportees to Eswatini. Human rights groups have criticised the secrecy surrounding the deal, saying neither Parliament nor the public was informed of its terms.
Dlamini said the lack of transparency was central to the government’s resistance. “The more these migrants consult lawyers and approach the courts, the more this secret agreement risks being exposed. That is why access to counsel was resisted,” he said.
The case has already drawn the attention of regional and international human rights organisations. Groups in Eswatini have filed separate legal challenges questioning the legality of the transfers, raising concerns about due process, national security and the treatment of foreign detainees.
While the immediate ruling only addressed access to legal representation, observers expect further litigation. Once lawyers consult with their clients, they may challenge both the detentions and the broader deportation agreement itself.
For now, the court’s decision is being hailed as an important check on executive power in the absolute monarchy, ruled by King Mswati III. “This judgment restores a basic principle,” Dlamini said. “No one should be detained in Eswatini without access to justice.”
–ChannelAfrica–
