JUST IN: Wife arrested for viewing husband’s WhatsApp messages, faces over GHC100k fine or 5-year prison sentence 

According to Eswatini’s cybersecurity law, a woman was arrested for allegedly reading her husband’s Whatsapp chats without his consent.

Sindi Masina, the woman, was taken into custody in accordance with the 2022 Computer Crime and Cyber Crime Act. When she appeared at the Mbabane Magistrates Court, she did not have legal counsel and decided to represent herself. She was released on bond and is scheduled to return to court on August 1, 2025.

Masina is charged with violating the Act’s provisions that criminalize gaining unauthorized access to another person’s electronic communications. She can be fined up to E300,000 (approximatley GHC110,000) or imprisoned for at least five years if found guilty.

Masina is accused of viewing WhatsApp messages on her husband’s phone without his permission, which is the basis for the charges. Her arrest is thought to have resulted from the husband’s subsequent complaints to the police.

Masina assured the magistrate during her brief court appearance that she would defend herself in trial. The case was put on hold until August to give time for additional investigations, and no plea was entered.

The arrest has raised awareness of the 2022 Cybercrime and Computer Crime.

Act, which makes unauthorized access to personal digital devices and computer systems illegal.

Police sources claim that the legislation makes it very evident that even spouses cannot view one another’s digital stuff without consent.

According to an officer with knowledge of the case, she accessed private texts on her husband’s phone without permission.

“That falls under illegal access. The law is not concerned with the relationship between the parties; what matters is the act itself,” said the officer.

The officer added that the arrest was made following standard procedure and after the matter had been reported and assessed.

Meanwhile, the Eswatini Communications Commission (ESCCOM) has previously warned the public that viewing a partner’s cellphone without consent can now be considered a crime.

Prince Mvilawemphi, the CEO of ESCCOM, confirmed that the Cybersecurity Act covers this type of offence.

“Yes, there is such a provision. It’s covered under illegal access to a computer system in the Cybersecurity Act of 2022,” he said. He explained that courts have discretion when it comes to sentencing.

“The E300,000 fine is the maximum. A lenient judge may impose a fine of around E5,000 depending on the gravity of the case,” he said.

Prince Mvilawemphi said the law was passed to protect citizens’ digital privacy and discourage unauthorised surveillance or data misuse.

The police have reminded the public that relationship status does not change the application of the law. They said many people are unaware that going through a partner’s phone, even in a marriage, can be considered unlawful under the current law.

“This is not about marriage, dating, or family. It’s about digital access. If someone reports you for opening their messages without permission, that becomes a legal matter,” a police spokesperson said.

He added that while some may see it as a domestic issue, the law treats it as a criminal offence. The case has caused a wide reaction among members of the public, with some questioning how digital privacy should be handled within marriages and long-term relationships.

Nomcebo Mamba, a 43-year-old businesswoman from Mbabane, said the law is necessary, but many people are still unaware of it.

“Most people don’t know this is a crime. In many homes, couples share phones. If this is now illegal, it needs to be explained properly,” she said.

Mandla Dlamini, a 35-year-old father of two, said people should not be surprised.

“The moment you unlock someone else’s phone and read their messages, that’s crossing a line. The law is the law,” he said.

Zodwa Vilakati, a domestic worker from Sidwashini, said the arrest was too harsh.

“Arresting someone for checking their husband’s phone? I think that’s too much. There should be a warning or counselling instead,” she said.

“Everyone must understand: digital privacy is a right,” said Sipho Maziya, a university student.

Legal professionals have confirmed that the Computer Crime and Cyber Crime Act does not make exceptions for spouses, relatives, or housemates.

Advocate Bheki Nxumalo, speaking in general terms, said that the law defines illegal access broadly.

“If a person accesses another person’s device or messages without consent, even in a marriage, that is classified as illegal access. Whether they live together or not, the law looks at the act, not the relationship,” he said.

He advised citizens to avoid assuming that relationships provide permission for digital access.

“Marriages can be complex, but the law does not make emotional exceptions. If one person lodges a complaint, the police are required to act,” Nxumalo said.

Magistrates at the Mbabane court confirmed that Sindi Masina will return to court on August 1 for continuation of the case.

The prosecution is expected to bring evidence showing that the messages were accessed without permission, and Masina will have an opportunity to respond to the allegations.

No further information has been released regarding the nature of the messages or what triggered the complaint.

Court officials confirmed that Masina has no prior criminal record and was released on E2000 bail. They also confirmed that she did not apply for legal aid but has the right to do so before her next appearance.

Police and communication officials urged emaswati to familiarise themselves with the Computer Crime and Cyber Crime Act, especially in how it applies to daily interactions with technology.

“People must understand that just because you live with someone does not mean you can access their private information,” said one official.

“The best thing to do is ask for permission. If there is a problem, deal with it as a couple, not by secretly checking each other’s phones,” the official added.

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