…Acting Govt Spokesperson says State responsible for accommodation, basic upkeep
BY THEMBA ZWANE
MBABANE– Government has clarified that the Third Country Nationals transferred from the United States (US) and temporarily accommodated at Matsapha Correctional Centre are not serving prison sentences in Eswatini, while confirming that their accommodation and basic upkeep remain the responsibility of the State pending their repatriation.
Acting Government Spokesperson Thabile Mdluli made the clarification following questions surrounding the legal status, living arrangements and welfare of the foreign nationals currently staying in the Kingdom.
Mdluli cautioned that the individual circumstances of the Third Country Nationals were not necessarily the same, but confirmed that none of them was serving a sentence in Eswatini.
“The circumstances of the Third Country Nationals are not necessarily identical, but it is correct that they are not serving any sentence in Eswatini,” Mdluli said.
She further confirmed that Government remained responsible for supporting the nationals during their temporary stay.
“Their accommodation and basic upkeep remain the responsibility of Government for the duration of their temporary stay, pending their repatriation to their respective countries of origin,” she said.
Mdluli added that matters relating to food and other forms of support were being handled according to the arrangements governing the programme.
“Arrangements relating to meals and any other support are managed in accordance with the applicable arrangements for the programme,” she said.
GOVERNMENT CLARIFIES STATUS
The statement provides important clarity on growing public questions regarding the status of the Third Country Nationals and the conditions under which they are accommodated at Matsapha Correctional Centre.
Although housed within a correctional facility, Government has now expressly confirmed that they are not serving criminal sentences imposed by courts in Eswatini.
However, Mdluli’s clarification also draws an important distinction by stressing that the circumstances of the individuals should not automatically be treated as identical.
This means their respective legal, immigration or administrative situations may differ, even though Government’s position is that they are not serving Eswatini prison sentences.
The clarification comes amid reports that some of the nationals had been seen purchasing groceries and preparing their own food, raising public questions about whether they were being treated as ordinary inmates.
Government’s explanation indicates that their living arrangements fall under a special programme linked to their temporary stay and eventual repatriation.
LAWYER: THEY ARE FREE MEN
Human rights attorney Sibusiso Nhlabatsi, who represents some of the Third Country Nationals, has also maintained that his clients are not prisoners serving sentences.
“They all served their sentences in the US a long time ago. They are free men. They shouldn’t be kept in prison,” Nhlabatsi said.
His comments further highlight the unusual circumstances surrounding the nationals, who remain accommodated within a correctional facility despite not serving Eswatini criminal sentences.
Nhlabatsi has consistently argued that the rights of his clients should be recognised and protected while arrangements concerning their future are being finalised.
Government’s latest clarification, however, provides a broader official position by noting that the circumstances of the Third Country Nationals are not necessarily identical.
STATE CARRIES BASIC UPKEEP
Mdluli’s statement also confirms that Government is responsible for the nationals’ accommodation and basic welfare while they remain in Eswatini.
This means the State continues to carry responsibility for their essential needs for the duration of the temporary arrangement.
The Government spokesperson did not provide a detailed breakdown of the support offered to each individual but explained that meals and other assistance were administered according to the applicable programme arrangements.
Her response provides context to reports that some nationals may be allowed to purchase groceries or prepare meals themselves.
Questions had also previously been raised over claims that some of the nationals were receiving an allowance of E500 each.
Government’s latest clarification does not specifically confirm the reported E500 figure, but Mdluli made it clear that accommodation, basic upkeep, meals and other support were being dealt with under the arrangements established for the programme.
TEMPORARY STAY PENDING REPATRIATION
Government has maintained that the presence of the Third Country Nationals in Eswatini is temporary and that the ultimate objective is to repatriate them to their respective countries of origin.
Their continued stay therefore depends on diplomatic, immigration and administrative processes involving Eswatini and the relevant countries.
The first publicly reported group of five deportees arrived in Eswatini in July 2025, while another group of 11 arrived in July 2026.
The arrangement has since attracted widespread public attention, particularly around the legal status of the nationals, their living conditions, freedom of movement and the financial responsibility carried by Government.
Government’s latest statement now confirms that while they remain accommodated in Eswatini, they are not serving sentences in the Kingdom.
LEGAL RIGHTS IN FOCUS
The matter has also attracted judicial scrutiny, particularly over access to legal representation.
Nhlabatsi has previously approached the courts regarding access to his clients, arguing that their rights should be respected while they remain in the Kingdom.
Their situation remains unusual because they are accommodated within a correctional facility without serving sentences imposed by Eswatini courts.
The clarification by Mdluli therefore provides an important distinction between the nationals and ordinary convicted inmates.
It also confirms that Government remains responsible for their accommodation and basic upkeep throughout their temporary stay.
As diplomatic engagements continue, attention will now remain on progress towards securing their repatriation and bringing their stay in Eswatini to an orderly conclusion.
(Courtesy Pic)
