In a case that has sparked heated controversy in eSwatini, Dumsile Dludlu faces up to three years in prison for allegedly spying on her husband’s WhatsApp communications.
Dludlu, suspected of unauthorized access to her husband’s account, is the latest person to be charged under the country’s harsh Computer Crime and Cybercrime Act of 2022.
This law, which criminalizes unauthorized access to any computer system, contains stiff penalties, including fines of up to E500,000 (about R500,000) or five years in jail for violators. The Act’s implementation has provoked heated debates regarding privacy and digital rights in the Southern African country.
Dludlu appeared in the Mbabane Magistrates Court, where she pleaded not guilty to the allegation of illegal access but admitting to insulting her husband, Samukeliso Matse, after reading the messages. “I did insult him, but it wasn’t as severe as what’s in the police statement,” Dludlu told the court.
The case has highlighted growing worries about the convergence of technology, privacy, and personal relationships. Principal Magistrate Fikile Nhlabatsi granted Dludlu bail and scheduled her trial for March 10.
This lawsuit joins a string of digital conflicts in eSwatini. Previously, Nontsikelelo Lebohang Gina was arrested for reportedly harassing a woman she suspected of having an affair with her spouse. Gina apparently posted the woman’s name in a Facebook forum, accusing her of employing traditional charms to end marriages. In another case, a lady was detained for reportedly undressing and taping another woman in a revenge attack stemming from a marital quarrel.
The Computer Crime and Cybercrime Act’s Section 3 specifies that anyone who access or destroy computer data without legitimate cause 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), underscored the law’s scope, stating, “Viewing your love partner’s smartphone is now a criminal in eSwatini.
The maximum fine is E300,000, however a lenient court may impose a fine of E5,000. As Dludlu’s case progresses, it serves as a sharp reminder of how digital interactions in partnerships are becoming vulnerable to legal scrutiny.
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