HIS Majesty’s Correctional Services (HMCS) says deportees currently being held at the Matsapha Correctional Centre claim they do not know human rights lawyer Mhlabeni Nhlabatsi.
This was revealed yesterday by HMCS Public Relations Officer Baphelele Kunene following several failed attempts by the lawyer to access the detainees.
The matter comes after the Supreme Court ruled that the deportees have a constitutional right to legal representation while detained in the country under a deportation arrangement involving the United States.
Kunene said correctional officers have been unable to facilitate meetings between the lawyer and the detainees because the deportees allegedly said they did not know him.
“The deportees claim they do not know the human rights lawyer, which makes it difficult for officers in Matsapha to arrange for him to see the deportees,” said Kunene.
He further stated that another challenge was that the lawyer had allegedly failed to provide the names of the individuals he intended to visit.
“Another challenge was that the human rights lawyer failed to give the names of the people he was visiting in prison,” he added.
The legal dispute follows an appeal by HMCS against an earlier court ruling that granted Nhlabatsi access to the detainees.
However, the Supreme Court dismissed the appeal and upheld the earlier judgment, affirming that the foreign nationals are entitled to legal representation despite not facing criminal charges in the country.
Before the ruling, the Correctional Services had argued that the detainees were not interested in meeting the lawyer.
Authorities also maintained that the deportees were not entitled to legal representation locally because they had not committed any offences within the country.
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The Supreme Court, however, rejected these arguments and ruled in favour of the lawyer, emphasising that access to legal representation is a constitutional right.
The country is among at least eight African countries reportedly working with the United States under agreements to receive deported migrants who cannot easily be returned to their countries of origin.
Reports indicate that the US government provided about E85 million ($5.1 million) to support the programme.
The arrangement has attracted criticism from human rights groups and legal observers, who argue that the deportees may find themselves isolated in countries where they have no family ties, legal support or social connections.
Concerns have also been raised about whether their rights are being adequately protected while in detention.
Human rights lawyer Nhlabatsi dismissed HMCS claims that the deportees did not know him.
“First they said I do not know the names of the deportees, then they said the deportees do not want to see me. But if you read the judgment, it says the deportees must tell me on the face that they do not want to see me. Where is the problem there?” he said.
The lawyer insisted that the HMCS was failing to comply fully with the court ruling and maintained that he remained committed to representing the detainees should they require legal assistance.
