Dumsile Dludlu, an Eswatini woman, is facing up to three years in prison for allegedly accessing her husband’s WhatsApp messages without his permission.
This case has sparked significant debate in the country, highlighting the stringent provisions of the 2022 Computer Crime and Cybercrime Act.
The Act, which criminalizes unauthorized access to computer systems, carries severe penalties, including fines of up to E500,000 (approximately R500,000) and up to five years imprisonment. This has raised concerns among citizens about privacy and digital rights.
Dludlu, appearing in the Mbabane Magistrates Court, pleaded not guilty to the charge of unauthorized access but admitted to insulting her husband, Samukeliso Matse, after reading his messages. “I did insult him, but it wasn’t as severe as what’s in the police statement,” she told the court.
Principal Magistrate Fikile Nhlabatsi granted Dludlu bail and set her trial for March 10th.
This case is not an isolated incident. Nontsikelelo Lebohang Gina was arrested for allegedly harassing a woman she suspected of having an affair with her husband by posting her name on Facebook. In another case, a woman was arrested for allegedly undressing and recording another woman in a revenge attack related to a relationship dispute.
The Computer Crime and Cybercrime Act’s Section 3 states that individuals who access or destroy computer data without lawful excuse could face a fine of up to E5,000 or imprisonment for up to three years, or both.
Prince Mvilawemphi, CEO of the Eswatini Communications Commission (ESCCOM), emphasized the law’s reach, warning, “Viewing your love partner’s cellphone is now a crime in eSwatini. The E300,000 fine is the maximum, but a lenient judge may impose a E5,000 fine.”
Dludlu’s case serves as a stark reminder of how digital actions within personal relationships are increasingly subject to legal scrutiny in Eswatini.
