In a case that’s sure to set a legal precedent in Eswatini (formerly Swalizand), a woman faces up to three years in prison for alleged digital crime of WhatsApp snooping. Dumsile Dludlu has been arrested for allegedly viewing her husband’s WhatsApp without his consent, reports Times of Swaziland.
She now stands accused of contravening the Computer Crime and Cybercrime Act of 2022, which criminalises such acts in the country. The Act, which has generated significant discussion since its enactment, criminalises accessing any part of a computer system without justification.
Penalties are further increased for those who breach security measures to obtain data, with fines reaching E500 000 and potential imprisonment for up to five years.
According to court documents, Dludlu not only accessed her husband, Samukeliso Matse’s WhatsApp account, but also allegedly insulted him based on the information she found therein. During her court appearance, Dludlu pleaded not guilty to the unauthorised access charge, although she admitted to insulting her husband. She claimed the insults were different from those recorded in the police statement.
Principal Magistrate Fikile Nhlabatsi remanded Dludlu out of custody until March 10 for trial. This case has raised concerns about privacy and the evolving legal landscape in the digital age. It serves as a stark reminder of the potential consequences of unauthorised access to electronic devices and the importance of respecting digital boundaries.
Section 3 of the Act provides that, a person who intentionally and without lawful excuse or justification or in excess of a lawful excuse or justification: Communicates, discloses or transmits any computer data, programme, access code or command to any person not authorised to access the computer data, programme, code or command; accesses or destroys any computer data, for purposes of concealing information necessary for an investigation into the commission or otherwise of an offence commits an offence and is liable, on conviction, to a fine not exceeding E5 000 or to imprisonment for a period not exceeding three years or both.
