High Court Overturns Harare Man’s Cyberbullying Conviction Over Flawed WhatsApp Evidence

HARARE – The High Court has overturned the conviction of a Harare man who had been found guilty of cyberbullying his uncle through WhatsApp messages, ruling that police failed to properly establish the origin of the electronic evidence used to secure the conviction. The judgment is being viewed as a significant development in Zimbabwe's cybercrime law, with the court emphasising the need for comprehensive digital forensic investigations before electronic communications can be reliably linked to an accused person.

Tendai Mpofu, represented by lawyer Editor Mabuto, had been convicted by a magistrates’ court for contravening Section 35 of the Cyber and Data Protection Act after being accused of sending WhatsApp messages and audio recordings to his uncle, Lameck Shonhiwa.

According to the State’s case, Mpofu allegedly sent a series of WhatsApp messages and voice notes between April 30 and June 11, accusing Shonhiwa of witchcraft and blaming him for the deaths of family members. Prosecutors alleged that the messages contained insults, threats, and offensive remarks, prompting criminal charges under Zimbabwe’s cyberbullying laws.

As part of the investigation, Shonhiwa’s Samsung A03 cellphone was submitted to the Zimbabwe Republic Police (ZRP) Cyber Laboratory Forensic Science Department for analysis.

However, Mpofu denied sending the messages and maintained his innocence throughout the trial. He told the court that he had a cordial relationship with his uncle and argued that there was no direct evidence linking him to the alleged communications.

Mpofu’s defence centred on the integrity of the digital forensic investigation. He argued that police only examined the complainant’s cellphone while failing to seize or analyse his own device. The defence further contended that investigators did not obtain WhatsApp server records, metadata, or other independent evidence capable of proving that the messages originated from Mpofu’s phone.

Despite these arguments, Magistrate Lisa Mutendereki convicted him, finding that the State had proven its case beyond a reasonable doubt. He was sentenced to six months’ imprisonment, with three months suspended on condition of good behaviour and the remaining three months converted to 105 hours of community service.

Mpofu appealed against both conviction and sentence. The appeal was heard by Justices Benjamin Chikowero and Maxwell Takuva, who ruled that the conviction could not stand because the investigation failed to conclusively establish the source of the electronic communications. The judges found that police had only analysed the complainant’s device and had not conducted a forensic examination of the accused person’s cellphone. According to the court, this omission created a critical evidentiary gap.

The judges held that in cases involving alleged cyberbullying, investigators should ordinarily examine both the complainant’s and the accused person’s devices to accurately trace the origin of disputed messages. Because Mpofu’s phone was never subjected to forensic analysis, the court found there was insufficient evidence proving that the WhatsApp messages originated from him.

Legal analysts say the ruling could influence how future cybercrime prosecutions in Zimbabwe are conducted. The judgment reinforces the importance of proper digital forensic investigations, particularly in cases involving WhatsApp evidence, cyberbullying allegations, and electronic communications. The decision underscores that courts require reliable technical proof linking electronic messages to an accused person before criminal liability can be established. With cybercrime cases increasing across Zimbabwe, the ruling is expected to serve as an important precedent on the standards required for the collection, authentication, and presentation of digital evidence in court.

Zimbabwe cyberbullying conviction