Student activist remains in arbitrary detention more than 2 years after arrest

October 2025 – March 2026

Introduction

Since the pro-democracy protests in Eswatini in 2021, which highlighted longstanding grievances over political repression, limited civic space and human rights violations, the country has remained under intense domestic and international scrutiny.

In response to these concerns, the African Commission on Human and People’s Rights (ACHPR) conducted a Promotion Mission to Eswatini from 15th to 19th July 2025. The mission aimed to engage the Eswatini government in constructive dialogue on human rights, strengthen judicial independence, and promote meaningful collaboration with civil society. The ACHPR delegation, comprising Commissioners responsible for human rights defenders, judicial independence, and vulnerable populations, met with government officials, members of Parliament, judicial representatives, law enforcement agencies, national human rights institutions, and CSOs. Through these engagements, the Commission assessed the progress and challenges in implementing human rights obligations, identified obstacles to judicial independence, and encouraged inclusive citizen participation in governance. At the conclusion of the mission, the ACHPR shared its preliminary findings and recommendations with government authorities, briefed the public through a press conference and called upon the Kingdom of Eswatini to uphold human rights, advance judicial independence and engage civil society meaningfully.

Despite this engagement, Eswatini has continued to undermine human rights protections and erode trust in judicial and democratic institutions. On 16th July 2025, Eswatini had secretly accepted high-profile deportees from the United States under opaque “third country” agreements worth millions. Five men from Vietnam, Jamaica, Laos, Cuba and Yemen convicted in the U.S. of serious crimes such as murder and child rape were transferred to Eswatini and detained in solitary confinement at the Matsapha Correctional Centre without charge or access to legal counsel. CSOs subsequently filed legal action against Eswatini, arguing that the secret agreement breached the constitution and international obligations as it had not been submitted to Parliament for approval.

The controversy sparked protests and advocacy campaigns, with organisations such as Amnesty International condemning the detention conditions and violations of due process. The incident underscored persistent governance, human rights, and judicial independence challenges in Eswatini, highlighting the difficulty civil society faces in holding the government accountable and the broader implications of opaque international agreements.

Association

Prolonged detention of student activist under Anti-Terrorism Law

Menzi Bongeka Bhembe, a 26-year-old university student and activist, has been arbitrarily detained for over two years following his arrest on 16th January 2024 at his family home in Ka-Phunga, Shiselweni Region. He was arrested without a warrant and initially held under the Criminal Procedure and Evidence Act before being charged under the Suppression of Terrorism Act (STA) of 2008.

The charges include allegedly providing support to a proscribed organisation linked to the banned political party PUDEMO, and the distribution of political pamphlets, as well as arranging or attending meetings in support of a proscribed organisation. The accusations appear to arise from his peaceful student activism and there is no evidence that he committed, planned or incited violence.

Concerns have been raised about violations of fair trial guarantees. Authorities reportedly failed to comply with key procedural safeguards under the STA, including requirements for authorisation and proper custody records, and proceedings were allegedly initiated without the Attorney-General’s written consent. Investigations reportedly continued months after his arrest, suggesting the case was not trial-ready at the time of detention.

On 30th September 2025, Menzi’s bail application was denied. Amnesty International has condemned his detention as politically motivated repression of student activism and has called for his immediate and unconditional release, arguing that the STA’s broad definition of terrorism is being used to criminalise peaceful dissent and the exercise of freedoms of expression, assembly, and association.

Minister of Education criticised for anti-LGBTQI+ remarks in schools

On 27th January 2026, Education Minister Owen Nxumalo made discriminatory statements regarding LGBTQI+ learners while visiting schools in the Hhohho Region around Mbabane. Reports indicate that he asserted that same-sex relationships have “no place” in schools and suggested that students involved in such relationships should be expelled. He reportedly told school communities that he would not tolerate what he described as “unacceptable behaviour” linked to homosexuality, framing his position in terms of cultural and religious beliefs.

The comments drew strong criticism from LGBTQI+ advocacy groups including Eswatini Sexual and Gender Minorities (ESGM) which emphasised that all students have a right to education in a safe, inclusive environment, warning that threats of expulsion based on sexual orientation or gender identity could legitimise stigma and fuel harassment and bullying in schools.

Expression

Media outlet faces defamation lawsuit

On 15th October 2025, The Swazi Bridge, a privately owned news website in Eswatini, was served with a defamation lawsuit by Farmers Bank and its director, John Asfar. The suit seeks over 50 million emalangeni (approximately US $2.9 million) in damages as well as the removal of five published articles related to its 2023–2025 reporting on alleged irregularities in the bank’s licensing process and Asfar’s prior legal matters abroad. The legal action has placed significant financial and operational pressure on the outlet and its staff.

Lawyers representing Farmers Bank have also reportedly threatened to pursue terrorism-related investigations under the Suppression of Terrorism Act, a move the outlet has strongly rejected. In June 2025, the bank’s legal team allegedly proposed an out-of-court settlement that would have required the transfer of ownership of the news site and the retraction of its critical reporting, an offer The Swazi Bridge declined.

In a joint statement, the Southern African Litigation Centre (SALC) and the Media Institute of Southern Africa (MISA) stated that the case bore the hallmarks of a Strategic Lawsuit Against Public Participation (SLAPP), aimed at intimidating the media, suppressing public-interest reporting, and chilling freedom of expression. They called for legal reforms to better safeguard public-interest journalism in Eswatini.