A controversial case in eSwatini has brought attention to the nation’s strict digital privacy laws, as Dumsile Dludlu faces up to three years in prison for allegedly accessing her husband’s WhatsApp messages without his consent.
Dludlu has been charged under eSwatini’s Computer Crime and Cybercrime Act of 2022, which criminalizes unauthorized access to computer systems.
Violators of the law can face penalties of up to E500,000 (approximately R500,000) or five years in prison. The legislation has sparked intense debate about privacy and digital rights in the Southern African nation.
Appearing in Mbabane Magistrates Court, Dludlu pleaded not guilty to the charge of unauthorized access but admitted 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,” she told the court.
Principal Magistrate Fikile Nhlabatsi granted Dludlu bail, and her trial is set for March 10.
The case highlights the increasing legal scrutiny of digital behavior in personal relationships. It follows other high-profile cases in eSwatini, including the arrest of Nontsikelelo Lebohang Gina, who allegedly harassed a woman suspected of having an affair with her husband.
Gina reportedly named the woman in a Facebook group, accusing her of using traditional charms to break up marriages. In another case, a woman was arrested for allegedly undressing and recording another woman in a revenge attack related to a relationship dispute.
Section 3 of the Computer Crime and Cybercrime Act specifies that unauthorized access or destruction of computer data can result in fines up to E5,000 or three years of imprisonment, or both.
Prince Mvilawemphi, CEO of the Eswatini Communications Commission (ESCCOM), warned about the law’s implications, stating, “Viewing your 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 growing intersection of technology, privacy, and legal accountability in personal relationships.
