By Calista Oyeoba / Posted January 24, 2025
In an unusual case of cyber oddity which has gingered Netizens to occupy the social media space recently, in eSwatini, a housewife, Dumsile Dludlu is facing up to three years in prison for allegedly snooping on her husband’s WhatsApp messages, after accessing his account without permission, making her the latest victim caught under the country’s strict Computer Crime and Cybercrime Act of 2022.
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The kingdom of Eswatini is a landlocked country in Southern Africa. It is bordered by Mozambique to its northeast and South Africa to its north, west, south, and southeast.
The case of Dumsile Dludlu highlights a critical and evolving conversation about digital privacy, the regulation of personal conduct in cyberspace, and the enforcement of stringent laws under the Computer Crime and Cybercrime Act of 2022. This legislation, aimed at curbing cybercrime, imposes severe penalties for unauthorized access to digital systems, underscoring the challenges of balancing privacy, personal freedom, and accountability in the digital age.
Dludlu’s case raises ethical questions about the limits of privacy in personal relationships. While she is accused of violating her husband’s privacy, her actions also shed light on the dynamics of trust and transparency in domestic settings.
No matter, the strict penalties prescribed by eSwatini’s cybercrime law indicate the government’s determination to address technological misuse, but its application to interpersonal conflicts has not been tested, as opposed to more traditional cybercrimes like hacking or fraud, has sparked debate about the proportionality of such laws.
Cases like Dludlu’s, have a lot of dynamics that challenges gender relationships as well as other digital disputes in eSwatini. There seems to be a growing trend to persecute and prosecute women for actions linked to romantic relationships, which raises a broader societal question about how legal systems handle disputes that disproportionately affect women.
The enforcement of the Act also brings to the forefront the clash between modern digital rights and traditional cultural values in eSwatini. Public discourse may need to explore how these laws interact with societal norms and whether they inadvertently exacerbate existing inequalities.
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This law, which criminalizes unauthorized access to any computer system, carries severe penalties, including fines of up to E500,000 (approximately R500,000) or up to five years in prison for violations. The introduction of the Act has sparked intense discussions about privacy and digital rights in the Southern African country.
Dludlu appeared in the Mbabane Magistrates Court, where she 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,” Dludlu told the court.
The case has drawn attention to growing concerns about the intersection of technology, privacy, and personal relationships. Principal Magistrate Fikile Nhlabatsi granted Dludlu bail and set her trial for March 10.
This case adds to a series of digital disputes in eSwatini. Earlier, 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. In another incident, 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.”
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While many commentators decry the growing number of cases like Dludlu’s as ‘gender assault’ and testing ground for potential misuse of cybercrime laws that criminalizes personal grievances, others strongly advocate the need for judicial systems to carefully distinguish between genuine cybercrimes and domestic disputes with digital elements, in order not to complicate legal and ethical issues.
NOTE: Calista is a Trainee-journalist who contributes regularly to DDNEWSONLINE.COM from the Department of Mass Communication, Ekocity Polytechnic, Lagos.