TILL WHATSAPP DO US PART

In a landmark case that has ignited debate across Eswatini, Dumsile Dludlu has become the first individual to face charges under the Computer and Cybercrime Act of 2012.

Her alleged crime? Viewing her husband’s WhatsApp messages without his consent. For this breach of privacy, she now faces the grim possibility of a fine of up to E500  000 or a prison sentence of up to five years. This case has struck a nerve, drawing sharp criticism from all corners of society. Critics argue that the severity of the punishment is disproportionate to the crime, especially when compared to sentences for more heinous offences.

The late Chief Justice Michael Ramodibedi once highlighted the leniency of Eswatini’s justice system in a rape case, where a juvenile offender served just 14 months. This comparison has sparked outrage, with many questioning how an act of snooping on WhatsApp could warrant such draconian penalties.

Privacy vs. Trust in Marriage
The case also raises complex questions about the balance between privacy and transparency in marriage. Should couples have access to each other’s devices in the name of trust and transparency, or does such access undermine individual privacy within the union?

On one side of the debate, some argue that privacy is sacrosanct even in marriage. They believe that breaching a partner’s privacy erodes trust, leading to damaging consequences for the relationship. “Sharing every detail of one’s life with a spouse involves vulnerability,” notes one marriage counsellor. ‘Once that trust is broken, it’s hard to rebuild.’

Others, however, see things differently. In a culture that emphasises collective living and shared responsibilities, they argue that marriage should involve full transparency. Couples often co-sign loans, share property and jointly make decisions that impact their livelihood. Why, then, should mobile phones—a modern hub for communication and planning—be exempt from this shared ethos?

Biblical references have also entered the conversation. Some point to Ephesians 4:29, which advises believers to speak only what builds others up.  They interpret this as a call for open, honest communication in marriage. Others, however, argue that respecting boundaries is equally biblical, citing the need for discretion and wisdom in sharing information.

The Broader Implications of the Cyber Law
The Computer and Cybercrime Act, introduced in 2012, was designed to address digital-era crimes such as hacking, identity theft, and cyberbullying. However, Dludlu’s case has brought to light the law’s potential to criminalise actions within the private sphere of relationships. While proponents of the law argue that it protects individuals’ digital privacy, critics claim it fails to account for cultural norms and the nuances of personal relationships.

“This is a clear case of legislative overreach,” says one legal analyst. “The law treats a marital dispute as though it were a corporate hacking scandal.” The law’s harsh penalties have also drawn fire. Is it justifiable to impose a five-year prison sentence for reading a spouse’s messages, when violent crimes like rape or assault often receive lighter sentences? Such disparities have fuelled calls for a review of the country’s sentencing guidelines.

Marital Trust and Vulnerability
The case has also opened a broader discussion on the dynamics of trust in marriage. Sharing intimate details and personal information is a cornerstone of building deep, meaningful connections in marriage. However, when that trust is violated, the fallout can be devastating.

For the spouse whose trust was broken, feelings of disrespect and violation are common. Communication may suffer, as one partner becomes reluctant to share personal details for fear of further breaches.

• Rebuilding trust requires effort from both parties:
• For the spouse who violated trust: Taking responsibility, seeking forgiveness and committing to keeping personal information private are crucial steps.

    For the spouse whose trust was broken: Forgiveness and setting clear boundaries can help rebuild the relationship. Open discussions about what information is off-limits can pave the way for healthier communication.

Cultural and Legal Questions
The uproar over Dludlu’s case reflects deeper cultural and legal tensions in Eswatini. Critics of the cyber law argue that it doesn’t consider the realities of marital relationships, where communication and trust are paramount. Should government regulate such intimate aspects of life?

Others worry about the precedent this case sets. If viewing a spouse’s messages can lead to such severe penalties, what other aspects of marital life might fall under the law’s scrutiny?

Way Forward
The case of Dumsile Dludlu has become a litmus test for Eswatini’s approach to privacy, marriage and justice in the digital age. As debates rage on, one thing is clear: the country must strike a balance between protecting individual privacy and respecting the cultural norms that define marriage.

Legal reforms may be necessary to address the public outcry and ensure that punishments are proportionate to the crimes committed.  At the same time, couples may need to revisit the boundaries of trust and transparency in their relationships, ensuring that modern technology enhances rather than undermines their connection. In the end, the question isn’t just about WhatsApp messages—it’s about how society navigates the intersections of love, trust, and the law in an increasingly digital world. For now, all eyes are on the courts as Eswatini waits to see how this precedent-setting case will unfold.

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