Eswatini Woman in Court for Accessing Husband’s WhatsApp Messages Without Consent
Eswatini Woman in Court for Accessing Husband’s WhatsApp Messages Without Consent – A 43-year-old Eswatini woman identified as Sindi Masina is facing charges under the Computer Crime and Cyber Crime Act for allegedly accessing her husband’s WhatsApp messages without his consent.
She appeared before Mbabane Magistrates’ Court.
Masina is accused of violating the law by unlawfully gaining access to another person’s digital communication—an offence that carries a potential fine of up to E300,000 or a prison sentence of five years or more.
The alleged incident, which involved reading messages on her husband’s mobile phone, led to her arrest after the matter was reported to police.
Court officials confirmed that Masina, who has no prior criminal record, was released on E2,000 bail and is expected to return to court on August 1, 2025, for continuation of the trial.
She did not apply for legal aid, though she retains the right to do so before her next appearance.
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The case has provoked mixed reactions from the public.
While some view the arrest as excessive, others believe it highlights the importance of digital privacy in modern relationships.
“This arrest is too harsh. Checking your husband’s phone shouldn’t land you in jail. A warning or counselling would have been better,” said Zodwa Vilakati, a domestic worker from Sidwashini.
But others disagree. “The moment you unlock someone’s phone without permission, you’ve crossed a line,” said Mandla Dlamini, a 35-year-old father of two. “The law is the law.”
Legal experts have clarified that the Cyber Crime Act does not make exceptions for spouses or family members.
Advocate Bheki Nxumalo noted: “Whether it’s your partner, spouse, or housemate, accessing someone’s device without consent is illegal. The relationship doesn’t matter—only the act.”
The Eswatini Communications Commission (ESCCOM) has previously warned that viewing someone else’s phone without consent, even within a marriage, is now a criminal offence.
ESCCOM CEO Prince Mvilawemphi confirmed that such acts fall under the illegal access provisions of the Cybersecurity Act of 2022.
“People assume that living together gives automatic digital access, but the law does not recognise emotional ties. If one party complains, police are obligated to act,” said Nxumalo.
A police spokesperson reinforced this view: “This is not about love or marriage—it’s about digital boundaries. When you read someone’s messages without permission, it becomes a legal issue.”
Authorities are now urging citizens to familiarise themselves with the Computer Crime and Cyber Crime Act, particularly its implications on everyday digital interactions.
“Living with someone doesn’t give you the right to go through their phone. The best way is to ask for permission or resolve issues through open communication,” said an ESCCOM official.
