Rita Odafe
In eSwatini, a woman named Dumsile Dludlu has been given a three-year prison sentence for allegedly invading her husband’s privacy by looking through his WhatsApp messages.
Dludlu accessed her husband’s account without his consent, becoming one of the first cases prosecuted under the strict Computer Crime and Cybercrime Act of 2022.
This law penalizes unauthorized computer access, with offenders potentially facing hefty fines of up to E500,000 (around R500,000) or imprisonment for up to five years. Its enactment has ignited significant debate regarding privacy rights and digital usage in the country.
During her appearance in the Mbabane Magistrates Court, Dludlu pleaded not guilty to the charges of unauthorized access but acknowledged verbally abusing her husband, Samukeliso Matse, after seeing the messages. She stated, “I did insult him, but it wasn’t as severe as what’s in the police statement.”
This situation has raised alarms about the challenges posed by technology in personal relationships. Principal Magistrate Fikile Nhlabatsi has released Dludlu on bail, scheduling her trial for March 10.
Her case adds to a series of related incidents in eSwatini. Previously, Nontsikelelo Lebohang Gina was arrested for allegedly harassing another woman whom she believed was having an affair with her husband, publicly accusing her on Facebook. In another case, a woman faced charges for filming another female in a revenge plot related to relationship issues.
The Computer Crime and Cybercrime Act’s Section 3 stipulates that anyone who accesses or damages computer data without proper justification could incur fines up to E5,000 or face a maximum of three years in prison, or both.
Prince Mvilawemphi, the CEO of the Eswatini Communications Commission (ESCCOM), highlighted the law’s implications, stating, “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.”
As Dludlu’s case progresses, it underscores the increasing legal implications surrounding technology use in personal relationships.
