SNOOPING LAW UNDERMINES MARRIAGE - REV MAZIBUKO

MBABANE – The Christian community is concerned over the implemented law that criminalises the accessing of cellphones by partners without consent.

Many have argued that the law, which is intended to protect human rights, fails to consider the foundational principles of marriage. Reverend Johannes Mazibuko, a marriage counsellor and clergy, explained that marriage is based on trust and mutual respect between partners. He emphasised that trust, borne out of love, is central to a healthy marriage. “Marriage is a struggle due to the ups and downs that come with it and how one handles those challenges depends on their upbringing,” said Mazibuko. He further noted that individuals who are accustomed to getting everything they want may struggle when they begin to face more difficult circumstances in a relationship.

Mazibuko also acknowledged that the growing issue of distrust in marriages often leads to breaches of privacy, such as snooping through a partner’s phone. However, he insisted that trust can still be rebuilt, as long as both partners are committed to resolving their issues. He advised couples to seek guidance from pastors and mentors rather than turning to the courts, which he believes often focus too much on perceptions of human rights rather than the constructive needs of relationships.

Mazibuko also mentioned that laws should be designed with a focus on strengthening relationships rather than creating division. He highlighted that the lack of trust in marriages is a growing issue, but it is possible to rebuild trust with effort from both parties. This issue comes amid the rising number of cases involving unlawful access to digital information, as illustrated by the arrest of Mfanawenkhosi Dlamini from Kholwane. Dlamini was arrested after allegedly accessing his partner Temacusi Manana’s WhatsApp messages without her consent. This incident, which occurred last Sunday, led to Dlamini being charged with contravening the Computer Crime and Cybercrime Act No.6/2022, which criminalises unauthorised access to digital devices.

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In addition to the digital offence, Dlamini is accused of assaulting Manana with a bush knife, causing injuries to her right arm and abdomen. He faces charges under the Sexual Offences and Domestic Violence Act 15/2018. Dlamini is currently remanded in custody until March 20, 2025, pending Manana’s recovery. This case follows a similar incident involving Dumsile Dludlu, who was arrested for accessing her husband’s WhatsApp account without permission. Dludlu pleaded not guilty to the charge of unauthorised access, but admitted to insulting her husband based on the information she found. She is also facing charges under the same Cybercrime Act, which stipulates penalties for those who breach security measures to obtain data.

The Computer Crime and Cybercrime Act of 2022 has sparked significant debate, particularly regarding the severity of penalties for accessing another person’s digital data without consent. The Act provides for fines of up to E500 000 and imprisonment for up to five years for individuals who unlawfully access or disclose computer data.

In a separate incident, Nontsikelelo Lebohang Gina from Mbikwakhe was arrested for allegedly harassing and causing emotional distress to a woman she believed was involved with her husband. Gina allegedly posted accusations on a Facebook page, claiming that the woman used traditional medicine to harm her husband. Additionally, Hlengiwe Mathunjwa of Masekweni was arrested for forcefully undressing a woman she suspected of being involved with the father of her child and recording the incident, which was later shared on WhatsApp.

These cases highlight the challenges of the digital age and the growing concern over privacy and security in Eswatini. Legal experts warn that the growing trend of digital offences may have far-reaching consequences, both for individuals and for the legal landscape as a whole. Social media reactions to the rise in digital snooping have been mixed, with many condemning the act as a violation of trust and privacy. One individual commented: “Snooping on your partner’s cellphone is completely wrong, as it almost always leads to negative consequences. It is essential to understand that ignorance can sometimes be a blessing. Respecting boundaries and privacy in a relationship is vital to maintaining a strong foundation of trust.”

As the legal system continues to address the growing concerns surrounding digital privacy, the Christian community and others in Eswatini are calling for a balanced approach that upholds both human rights and the integrity of personal relationships.

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