Malawi judiciary rejects ruling on spouses not to pry into each other’s phones

The Judiciary has rejected reports from some online publications that claimed Mzuzu High Court Judge Dingiswayo Madise ruled that it is illegal for spouses to pry into each other’s cellphones without permission.

Judge Dingiswayo Madise:  Did not make the rulingon nfringement of right to privacy

Judge Dingiswayo Madise: Did not make the rulingon nfringement of right to privacy

Judiciary spokesman Mlenga Mvula explained that the report circulating in some online publications and social media groups is not correct because it is not a Malawi judge who made the ruling by Zimbabwe court.

Mvula cautioned the online news portal to guard against publishing “lies” saying “it has got legal implications.”

Said judiciary spokesman: “There has never been such a ruling by Justice Madise. It is all lies.”

The story in question was copied from The Herald of Zimbabwe in which reported Harare High Court Judge Justice Tawanda Chitapi said evidence obtained through prying into a cellphone should not stand in court as it would have been obtained illegally.

Justice Chitapi made the landmark ruling as he sentenced Fortunate Nsoro (36) of Chitungwiza for knifing her husband to death while their eight-year-old daughter watched, for refusing to show her a “suspicious” text message that he had received on his cellphone.

Nsoro fatally stabbed Petros Mutasa (55) in February last year, in a dispute over the text message which her husband had received on his cellphone.

Justice Chitapi convicted Nsoro of culpable homicide and sentenced her to 10 years in jail.

He suspended two years for five years on condition that she does not commit a similar crime within the period.

However, the  social media groups and some online news sources fabricated that it was judge Madise who said snooping into someone’s phone contravenes the Constitution, which guarantees every person the right not to have the privacy of their communications infringed.

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13 thoughts on “Malawi judiciary rejects ruling on spouses not to pry into each other’s phones”

  1. Alford Nali says:

    So it was not Dingiswayo Madisi.
    Anyway The Ruling Is Good & Must Be Adopted By Our Courts Also.

  2. Yasine twaibu says:

    Zanyasi zikuchitikazi malawi for sale

  3. Mapwevupwevu says:

    Khaya zanu zimenezo! These countries belong to the federation of Rhodesia and Nyasaland therefore a ruling in Zimbabwe is valid in Malawi!

  4. Samuel Lwara says:

    I know our judiciary is a rot, but not with mwana wakwithu Madise. Zimbabwe is not Malawi. Lets make our justice system clean by pin pointing real issues that can be proved wrong or rights in given facts like misrepresentation of osisa by John Tennyson and Associates of Mzuzu. I have facts that Open Society Initiative for Southern Africa never instructed any local legal firm and does not either such grafty representation that has only perscuted me to hell since 2008. I am proud of Bwana Madise and has my protection in any way just like what used to happen in the hay days of our parents.

  5. WA NOMA says:

    if i were a mentioned judge eishiiii i wouldnt hesitate but take legal action against these water heads so as to pay the price

  6. Lottie says:

    The whole idea of a spouse keeping secrets from his/her partner is rather strange. It raises a lot of questions regarding the fidelity of the people involved.

  7. Blessed Banda says:

    No privacy between wife and husband. If you want a private life from your partner, then do not marry. FOOLISH THINKING AND JUDGEMENT ALTOGETHER.

  8. Dpp_supprter says:

    No smoke without fire, there is more to this story.

  9. martinmubisa says:


  10. kwangu_GC says:

    The guy who published that fake story should feel ashamed. His conduct is so archaic. Why not write stories that will help develop the country. Shame on you

  11. Finye says:

    Nyasa guys just be open and tell your readers that the the website is It’s a crap site full of shit and managed by people whose heads are full of dog poo. All articles depict cheap and useless propaganda. Fighting people who are doing well in life will not take you anywhere.

  12. Thako Katimbu says:

    When two join in marriage they become one so a man or woman prying on his or her spouse’s phone is prying in his or her own phone.spouses should not keep secrets otherwise he or she is cheating ! Ask mai Zimatha she was caught with love messages from a young gospel singer old enough to be her mother !

  13. maxbello says:

    koma yah

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