MBABANE – The government has lodged an appeal on the order granting human rights lawyer Sibusiso Nhlabatsi access to foreign nationals that were deported from the United States to Eswatini.
The immigrant detainees are kept at the Matsapha Correctional Complex.
The noted appeal by His Majesty’s Correctional Services (HMCS) stays the High Court order until a decision by the Supreme Court is made.
Until then, Nhlabatsi will not have immediate access to the detainees to offer legal counsel.
At the High Court, Nhlabatsi argued that the detention of these individuals without consultation violated their basic human rights, particularly their right to legal representation under the law.
However, the appeal states that the High Court erred in granting Nhlabatsi the access sought and that the order was procedurally flawed. It states that the High Court ought to have found that Nhlabatsi failed to establish a legal relationship with the detainees and that his legal interest in law demonstrated is unrecognised.
Furthermore, the authorities claim they need time to prepare a list of the detainees, a point the lawyer disputes, arguing the delay is a clear attempt to frustrate the execution of the High Court’s directive.
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