MBABANE – The Chinese national, Jin Houyun, who is suspected of involvement in pooling over E2 billion from thousands of investors in China through a collapsed pyramid scheme fears the death penalty if returned to his home country.
Jin (57) is currently kept in detention pending deportation to China, after being convicted and fined by the Mbabane Magistrates Court. He has since approached the High Court seeking an urgent order to stop his deportation to the People’s Republic of China. He argues that the process is unconstitutional and that he faces the possibility of the death penalty if returned to his home country.
In his filed papers, Jin challenges the actions of the Minister of Home Affairs, the Commissioner General of His Majesty’s Correctional Services and the National Commissioner of Police following his continued detention despite having paid the court-imposed fine and being issued with a warrant for his release.
Jin seeks several constitutional declarations, including an order declaring the minister’s decision to keep him in custody pending deportation unlawful and inconsistent with various provisions of the Constitution. He also asks the court to declare the initial steps towards his deportation invalid and unconstitutional.
The application further seeks to challenge the constitutionality of Section 8(1) of the Immigration Act, 1982, arguing that it infringes constitutional rights relating to equality before the law, the right to life, protection of personal liberty and the right to a fair hearing.
Alternatively, Jin wants the court to declare that the minister failed to comply with mandatory provisions of the Immigration Act by not consulting the Immigration Advisory Committee before initiating deportation proceedings.
He also seeks an order declaring that his intended deportation to mainland China would violate his constitutional right to life because, according to his affidavit, the offences for which Chinese authorities are seeking him carry the death penalty.
Pending the determination of the constitutional application, he wants to be released from custody and allowed to remain at his residence at Plot 445, Extension 3, Tubungu Estate under unrestricted supervision by law enforcement authorities.
Jin was arrested at Lomahasha Border Gate on February 21, 2026, and later prosecuted for contravening provisions of the Immigration Act. He states that the Hhohho Principal Magistrate, Fikile Nhlabatsi, sentenced him to imprisonment, with the sentences running concurrently, while also giving him the option of paying a fine of E13 100.
Jin says he paid the fine in full and that on July 3, the court issued a warrant authorising his release from custody.
He explains that his conviction followed a plea bargaining process conducted between his legal representatives and the Crown based on a statement of agreed facts.
Despite presenting proof that the fine had been paid together with the warrant of liberation, Jin alleges that Correctional authorities refused to release him.
According to the affidavit, his interpreter presented the warrant and payment receipt to officials at Sidwashini Correctional Services, but the officer in charge allegedly stated that the facility had received a memorandum from the minister for Home Affairs directing that Jin should remain in custody pending deportation.
Jin told the court that he and his representatives requested a copy of the memorandum but were refused. His attorneys subsequently wrote to the commissioner general of His Majesty’s Correctional Services requesting confirmation of the alleged directive and a copy of the document, giving 24 hours for a response. He alleges that n response was received, prompting the present application.
“The deportation process violates my constitutional rights because I was never afforded an opportunity to make representations before the minister initiated the process. Although I am not an Eswatini citizen, the Constitution guarantees equality before the law to every person within the kingdom and entitles me to procedural fairness before an adverse administrative decision is taken,” ha states in his papers.
The veracity of these allegations is still to be tested in court and the respondents are yet to file answering papers. Jin is represented by Advocate Mduduzi Mabila, who has been instructed by Linda Dlamini of Linda Dlamini and Associates.
Jin relies on constitutional provisions guaranteeing the right to be heard by administrative authorities and the right to receive written reasons for decisions affecting individuals.
He further argues that even if the Immigration Act empowers the minister to deport prohibited immigrants, those powers must be exercised in accordance with the Constitution and the procedures prescribed by the Act itself.
According to the affidavit, Section 8 of the Immigration Act requires the minister to consult the Immigration Advisory Committee before exercising deportation powers. Jin contends that no such consultation took place because, to the best of his knowledge, the committee has never been appointed by the Prime Minister as required by law.
He therefore alleges that the minister acted outside the powers granted by the Immigration Act. The affidavit further states that constitutional challenges are generally determined by a Full Bench of the High Court, a process which may take considerable time. Jin seeks interim release while the constitutional issues are being determined.
He discloses that the Crown has already obtained a preservation order over his house and bank accounts. He argues that these preservation measures significantly reduce any risk that he could abscond.
His affidavit also outlines earlier extradition proceedings involving Chinese authorities. Jin argues that before the immigration prosecution commenced, he had been arrested pursuant to an Interpol Red Notice allegedly issued at the request of the People’s Republic of China pending extradition proceedings.
He says his legal team challenged both the arrest and the intended extradition before the Manzini principal magistrate.
According to the affidavit, one of the principal grounds raised was that Eswatini has no extradition treaty or bilateral relations with mainland China because the kingdom maintains diplomatic relations with Taiwan.
Jin states that the Crown failed to comply with directions issued by the magistrate regarding commencement of the extradition proceedings, resulting in the matter being struck off the roll.
He further argues that even if an extradition arrangement had existed, extradition would still be inappropriate because the offences for which he is allegedly wanted carry the death penalty.
Following the purported collapse of the extradition proceedings, Jin says he submitted a written asylum application to the Commissioner for Refugees on April 20. According to the affidavit, the commission acknowledged receipt and informed him that the application was under consideration.
While awaiting a decision on asylum, Jin said he applied for bail before the Hhohho principal magistrate, alternatively requesting to remain at his Tubungu residence under law enforcement supervision.
His application, according to the affidavit, relied largely on what he describes as a serious medical condition affecting his heart.
Jin said he sought an order directing Manzini Government Hospital to produce his medical records to support the application but alleges the magistrate declined to issue the order.
He stated that his bail application was later dismissed because he had not produced medical evidence and had failed to establish exceptional circumstances.
According to the affidavit, he disputes both findings, maintaining that the absence of medical records resulted from the refusal to compel their production.
Jin further stated that he suffers from left ventricular failure requiring continuous oxygen support and specialist monitoring. He attached medical records from Manzini Government Hospital and contends that the Correctional facility cannot adequately manage his condition.
He argued that his continued detention placed his life at risk and that, having already paid the fine imposed by the court while his assets remain subject to preservation orders, there is no realistic possibility of him absconding.
Jin further contended that because he remains the subject of an Interpol Red Notice, he cannot evade authorities by travelling elsewhere, as he believes he would ultimately face transfer to mainland China where, according to the affidavit, he risks the death penalty. The respondents are opposed to the application and the matter remains pending in court.
