MBABANE – The 25 foreign nationals from the People’s Republic of China are challenging their re-arrest and detention at Mafutseni Police Station.
The applicants argue that they are being unlawfully detained in high-security holding cells, denied access to legal representation and prevented from executing a court-ordered exit from Eswatini.
Their application details a series of events beginning on June 12, 2026, when Li Hai and the co-accused were convicted by the Mbabane Magistrates Court for contravening Section 14(2)(c) and (f) of the Immigration Act, 1982. The individuals pleaded guilty, paid a fine of E500 each, and were ordered to remain in custody pending deportation under Section 8(8) of the Immigration Act.
On July 1, High Court Judge Zonke Magagula issued an order directing the national commissioner of police to deliver the passports of the applicants to Linda Dlamini and Associates for transmission to the Ministry of Home Affairs to facilitate voluntary departure. The order specified that any attempt to detain the applicants without initiating fresh legal processes or extradition proceedings constituted a violation of their fundamental rights.
Following further proceedings, Judge Magagula issued a consent order on July 22, directing the minister for Home Affairs and the chief immigration officer to issue liberation warrants for the unconditional release of the applicants, granting them 48 hours from the time of liberation to arrange their exit from Eswatini.
Their application states that on Friday, Acting Minister for Home Affairs Owen Nxumalo signed liberation warrants directing the commissioner general of His Majesty’s Correctional Services to release 68 foreign nationals to immigration officials and the Royal Eswatini Police Service to facilitate departure through the Lomahasha, Mhlumeni or Ngwenya border posts.
