Wife Faces Jail Time for Illegally Accessing Husband’s WhatsApp Messages

A woman in eSwatini, Dumsile Dludlu, is facing up to three years in prison after being charged with unauthorized access to her husband’s WhatsApp messages. The case has sparked widespread debate, as it falls under the country’s strict Computer Crime and Cybercrime Act of 2022.

Dludlu allegedly accessed her husband Samukeliso Matse’s messages without permission, violating a law that criminalizes unauthorized access to any computer system. The legislation carries severe penalties, including fines of up to E500,000 (approximately R500,000) or up to five years in prison. The Act has raised concerns about digital privacy and personal relationships in eSwatini.

Appearing before the Mbabane Magistrates Court, Dludlu pleaded not guilty to unauthorized access but admitted to insulting her husband 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 her bail and set the trial for March 10.

This case is one of several recent digital disputes in eSwatini. In another incident, Nontsikelelo Lebohang Gina was arrested for allegedly harassing a woman she suspected of having an affair with her husband. Gina reportedly posted the woman’s name in a Facebook group, accusing her of using traditional charms to break up marriages. Additionally, a woman was arrested for allegedly undressing and recording another woman in a revenge attack linked 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.”