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.
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.