Law banning spouses from spying on phones leaves South Africans in stitches

The Kingdom of Eswatini’s law, banning individuals from accessing other people’s cellphones and computers without lawful justification, has some South Africans in stitches, while raising the eyebrows of others.

The fact that this law also applies to spouses is what got tongues wagging, with one social media user jesting at King Mswati questioning who might have snooped into his device and led to the enacting of the controversial law.

Some are even jokingly saying they will be moving to the tiny kingdom for peace of mind.

Eswatini’s Computer and Cyber Crime Act of 2022 came into effect in the same year in March and was brought back into the spotlight by a South African journalist who posted a clip of a Swati official on X, announcing to community members that the law also applies to a spouse or a partner who might have previously shared their phone’s password or even contributed to its purchase.

The legislation is aimed at preventing unauthorised access, data theft, and illegal interception, among others.

It also prohibits the tracking of a partner’s location via GPS or other digital methods without their knowledge.

Offenders face at least a three-year jail term or a R300 000 fine.

However, should the trespass include breaching security features, such as hacking passwords or using software to gain access, the penalties could increase, with the fine rising to E500 000, which is equal to R500 000, or a five-year prison term.

While some South Africans have hailed the Act as a good move, others have slammed it as a win for dodgy partners.

Despite this, however, it is not yet clear how this piece of legislation has impacted households in Eswatini, where some still regard women of all ages as legal minors.

In South Africa while the Constitution guarantees the right to privacy, the legality of a partner snooping on one’s phone remains a grey area, whose verdict would depend on special circumstances, including the spouse accessing your phone with the intention to blackmail, harass or blackmail, among others.