Re-arrested Chinese nationals demand E208 million from government

MBABANE – Forty Chinese nationals who were re-arrested while trying to leave Eswatini following their conviction and sentencing for being in the country illegally are demanding E208 million from the Eswatini Government.

These Chinese nationals were among the over 100 foreigners who were arrested in March 2026 during raids at illegal online gambling centres in Mbabane and surrounding areas.

The demand has been made through a formal notice addressed to the attorney general, the national commissioner of the Royal Eswatini Police Service and the minister for Home Affairs.

The letter, issued by Linda Dlamini and Associates on behalf of Li Hai and 39 other Chinese nationals, states that the individuals are currently detained at Sidwashini Correctional Services despite what they  describe as several binding High Court orders directing their release and facilitating their departure from Eswatini.

According to the letter, the 40 Chinese nationals were arraigned before the Mbabane Magistrates Court on June 12, after being charged with contravening the Immigration Act, 1982.

The letter states that each of the accused pleaded guilty to the immigration offence and paid a fine of E500 imposed by the court. Their lawyers, Linda Dlamini and Associates, contend that the criminal proceedings were consequently concluded. The lawyers state that on July 1, High Court Judge Zonke Magagula issued an order directing the minister for Home Affairs to facilitate the voluntary departure of the Chinese nationals. According to the letter, the order affirmed their right to leave Eswatini lawfully and without hindrance.

The lawyers further state that on July 22, Judge Magagula issued another order directing the minister for Home Affairs and the chief immigration officer to issue liberation warrants for the unconditional release of the Chinese nationals. The order also granted them a further 48 hours within which to arrange their voluntary departure from Eswatini.

The letter states that on July 24, Acting Minister for Home Affairs Owen Nxumalo issued the liberation warrants, which were intended to give effect to the High Court order.

However, according to the demand, the Chinese nationals were re-arrested the following day while attempting to leave Eswatini through Mhlumeni Border Post.

“The group was peacefully and lawfully attempting to exit the country in compliance with the court’s directive when operational agents of the State and members of the Organised Crime Unit intercepted them,” reads the demand letter. The State is yet to respond to the allegations.

They allege that the Chinese nationals were subsequently re-arrested and taken to high-security holding cells at Mafutseni Police Station. They claim that the re-arrest took place without a warrant, fresh charges or new legal proceedings.

The lawyers also contend that the re-arrest and subsequent detention were in direct contravention of the High Court’s orders. The demand further refers to a High Court judgment delivered on August 3 in Case No. 1571/26.

Judge Magagula is said to have declared the State’s re-arrest and subsequent detention of the Chinese nationals to be a ‘blatant abuse of power’ and found that it violated Section 21(7) of the Constitution of Eswatini, which protects against double jeopardy.

The lawyers further allege that, despite the August 3 judgment, the State has pursued appeals and relied on claims that the Chinese nationals’ passports had been revoked. The letter states that the alleged passport revocations were not supported by primary evidence from the issuing authority in Beijing.

The lawyers argue that the continued detention of their clients has caused them harm and that the actions of police and immigration officials amounted to violations of their constitutional liberties.

The demand describes the detention as a continuing deprivation of liberty and states that the clients are being held at a maximum-security correctional facility despite the liberation warrants.

The lawyers have quantified their clients’ claim at E208 million, comprising four categories of damages.

The largest component is E96 million for what the letter describes as unlawful deprivation of physical liberty.

The lawyers calculated this amount at E100 000 per individual for every day of alleged unlawful captivity in police cells and Correctional facilities since July 25, 2026.

A further E64 million is claimed for what the letter describes as contumely, severe violations of dignity and reputational harm. According to the demand, this component relates to the alleged public parading of the Chinese nationals, their treatment as international fugitives and their continued confinement in high-security criminal environments.

The third component is E40 million in constitutional and punitive damages.

The lawyers state that this amount is sought in connection with alleged executive malice, including the purported continued defiance of the August 3 High Court ruling and the reliance on hearsay concerning the passports.

The final component is E8 million for legal expenditures and wasted logistics. According to the letter, this amount is intended to cover the continuous mobilisation of legal counsel on an attorney-and-own-client scale in connection with the detention and related legal proceedings.

The four components bring the total demand to E208 million.

The lawyers state that the damages are being claimed collectively on behalf of the 40 Chinese nationals.

The letter gives the Government of Eswatini 90 clear days from the date of service of the notice to settle the amount in full or propose an out-of-court financial settlement. They also demand that the alleged unlawful incarceration of their clients be resolved immediately or following the completion of pending Supreme Court proceedings, should the matter proceed to that stage.

They state that failure to settle the E208 million demand or resolve the detention will result in instructions being issued for the institution of High Court proceedings for recovery of the damages.

The lawyers further place the State on notice that they will seek punitive costs on an attorney-and-client scale, citing what they describe in the letter as vexatious conduct and disregard of High Court pronouncements.