General

MBABANE – Government has moved swiftly to challenge a High Court order granting Human Rights Lawyer Sibusiso Nhlabatsi access to the Matsapha Correctional Complex to consult with the foreign nationals detained in the country.

The order, issued by the High Court, had directed that Nhlabatsi be permitted to meet the immigrants in his capacity as their legal representative. The judge further ruled that the costs of the application be paid on an ordinary scale.

However, government and His Majesty’s Correctional Services (HMCS), listed as appellants, have filed an appeal in the Supreme Court, arguing that the High Court erred in law by granting the human rights lawyer access to the immigrants, whose arrival in the country was discussed widely.

The filing of the appeal automatically stays the High Court order, meaning Nhlabatsi will not be allowed to meet the immigrants until the Supreme Court delivers its decision. In its appeal papers, the State contends that the High Court ought to have found that Nhlabatsi failed to establish any legally recognised connection with the foreign nationals. According to the appellants, the lawyer lacks a right of access and failed to demonstrate a legal interest recognised by law in the matter.

“The court a quo erred in law by granting the respondent access to the Correctional facility for consultation purposes as an attorney to the foreign nationals,” reads part of the appeal.

Government further argues that the court should have dismissed the application on the basis that Nhlabatsi did not produce sufficient evidence proving that he had been properly instructed to act for the detainees. The case emanates from Nhlabatsi’s urgent application in July this year, in which he sought immediate access to five immigrants currently held at the Matsapha Correctional Centre. They are now four after one of them was taken back to his home country, Jamaica.

The four men from Yemen, Cuba, Vietnam and Laos, were transferred to Eswatini from the United States of America around July 16, 2025. They had completed their felony sentences in the US and were sent to Eswatini as part of an arrangement between the two governments. Since their arrival, the men have remained in custody under the supervision of HMCS. One of them, a Jamaican national, has since been repatriated to his home country.

Nhlabatsi, acting on instructions from the men’s US-based legal counsel, approached the court after he was denied access to the immigrants at Matsapha Correctional Complex. He argued that the refusal violated the men’s constitutional rights to legal representation under Section 21 of the Constitution of the Kingdom of Eswatini.

In his affidavit, the lawyer said that during his visit to the prison, officers told him that the men were being kept in isolation and that no visitors, including consular officials, had been permitted to see them. He was informed that communication devices were still being installed to enable the immigrants to contact their relatives and create a pre-approved list of visitors.

Nhlabatsi described this restriction as unlawful and inconsistent with international human rights standards. He also noted that the agreement governing the transfer of the immigrants from the United States to Eswatini had not been made public.

In granting the order, the court ruled that Nhlabatsi should be allowed access to the detainees in his professional capacity. The judge stated that the matter raised constitutional questions concerning access to justice and the rights of persons in custody and therefore required careful consideration.

Following the judgment, government quickly signalled its intention to appeal, citing the need to clarify the limits of legal access in such circumstances.

Government has appealed an order in favour of Lawyer Sibusiso Nhlabatsi. (Pic: File)