Friday, January 24, 2025

South Africa: Wife faces jail time for accessing her husband's WhatsApp without consent

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An Eswatini woman, Dumsile Dludlu, faces up to three years in prison after being remanded in custody for allegedly spying on her husband's WhatsApp account without his consent.

The act, which contravenes Eswatini's Computer Crime and Cybercrime Act 2022, was condemned by Chief Magistrate Fikile Nhlabatsi at the Mbabane Magistrates' Court.

Dludlu pleaded not guilty to the charge of unauthorized access, but admitted insulting her husband. She told the court: “I swore at him, but it wasn't as severe as what the police statement says.” The police statement described his insults as more severe than Dludlu acknowledged.

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The Computer Crime and Cybercrime Act criminalizes unauthorized access to digital devices and offenders face fines or imprisonment of up to three years. Dludlu's trial will resume on March 10, 2025. The law aims to protect people's digital privacy and prevent unauthorized intrusions into personal communications.

The director general of the Eswatini Communications Commission, Prince Mvilawemphi, has warned that accessing a partner's mobile phone is now considered a criminal offense in the country, with fines reaching €300,000.

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