Government has attributed delays in deporting three convicted foreign nationals to budgetary constraints caused by the large-scale deportation of hundreds of Chinese nationals allegedly involved in gambling activities.
The revelation was made in the respondents’ answering affidavit filed before the High Court in Mbabane in opposition to an urgent application by Justus Udochukwu Ibe, Swaburu Swaibu Wengi and Kyobe Kisseka, who are challenging their continued detention at Sidwashini Correctional Facility pending deportation.
The three applicants are nationals of Nigeria, Tanzania and Mauritius respectively.
Acting Deputy Chief Immigration Officer Phathizwe Hlatshwayo, who deposed to the answering affidavit on behalf of the respondents, said the Ministry of Home Affairs had requested a supplementary budget from government to meet the travel and logistical costs of deporting the applicants.
“The budgetary constraints are due to the increased influx of foreign nationals in the country this financial year which consumed all the budget that was allocated for deportation,” Hlatshwayo said.
He specifically attributed the depletion of the deportation budget to the removal of what he described as the “‘Gambling Chinese’ nationals”, saying there were hundreds of them and their deportations were continuing.
According to the affidavit, the three applicants were arrested in Mbabane on July 16, after allegedly failing to produce valid entry permits, visas or other documentation authorising them to remain in Eswatini.
They were charged with contravening Section 14(2)(c), read with Section 8(1), of the Immigration Act No. 17 of 1982. The charge sheets allegedly contained a notice that the Crown would seek their deportation to their respective countries upon conviction.
The applicants appeared before the Mbabane Magistrate’s Court on July 20, where they pleaded guilty to the charges. Following their convictions, they were sentenced to an E500 fine or imprisonment ranging between five and six months. The court also ordered that they remain in custody for 14 days pending a determination by the minister responsible for home affairs and the deportation process.
Hlatshwayo said that on August 14, acting Minister of Home Affairs Pholile Shakantu issued a directive declaring that the three applicants were prohibited immigrants and directing that they remain in safe custody pending arrangements for their deportation.
However, he said the initial 14-day detention period expired before the deportations could be completed because of the financial and logistical challenges. The ministry is now seeking supplementary funding, which Hlatshwayo said requires parliamentary approval.
He also disclosed that the respondents were in the process of extending the applicants’ detention orders and asked the court to condone any delay in renewing them. According to Hlatshwayo, the delay was partly caused by the minister’s illness and subsequent one-week sick leave.
“The genuine administrative reason for the slight delay in securing the formal ministerial endorsement for the renewed detention order is that the minister of home affairs fell ill and is currently on a mandatory one-week sick leave,” he said.
Government has, however, offered the applicants an alternative route to leave the country. Hlatshwayo said they were free to purchase their own air tickets to their respective countries, after which government would facilitate their departure and provide security to escort them from custody to the airport.
The respondents argue that the applicants cannot simply be released into society because they have no valid permits, visas or residence documentation allowing them to remain in Eswatini. They further contend that payment of the E500 fines only discharged the criminal component of their sentences and did not legalise their immigration status.
“A criminal fine merely satisfies the penal sanction for a past crime; it does not grant an automatic right of residence or immunity from statutory deportation,” Hlatshwayo said.
The respondents have urged the High Court to dismiss the application, arguing that the applicants have no legal right to remain in Eswatini after being convicted and declared prohibited immigrants. They also contend that the applicants’ urgency was self-created because they delayed approaching the court, citing an inability to raise funds.
Government maintains that the applicants’ detention is authorised by Section 8(3)(b) of the Immigration Act and is intended to facilitate their deportation. The respondents have also opposed the applicants’ request for temporary permits, arguing that the convicted immigrants cannot lawfully be granted residence permits under the Act.
