05/09/2026
⚖️ WHAT YOU MUST PROVE BEFORE THE COURT CAN ADMIT YOUR WHATSAPP MESSAGE
You have the WhatsApp chat. You took a screenshot. You printed it out, But that alone may not be enough. WhatsApp messages are electronic evidence, and before the court admits them, the requirements of Section 84 of the Evidence Act 2011 must be satisfied.
WHAT MUST BE ESTABLISHED?
Before relying on a WhatsApp message produced from an electronic device, the relevant statutory requirements include showing that:
1️. The device was regularly used during the relevant period to store or process information.
2️. Information of the relevant kind was regularly supplied to the device in the ordinary course of the relevant activities.
3️. The device was operating properly during the material period, or any malfunction did not affect the accuracy of the electronic record.
4️. The information contained in the electronic record was derived from information supplied to the device in the ordinary course of those activities.
These are the conditions contained in Section 84(2) of the Evidence Act 2011
WHAT ABOUT THE CERTIFICATE OF COMPLIANCE?
This is another important requirement under Section 84(4) of the Evidence Act 2011. Where a computer-generated document is being tendered, the law provides for a Certificate of Compliance.
The certificate should, among other things:
1. Identify the electronic document being tendered.
2. State the manner in which the document was produced.
3. Give particulars of the device involved in producing the document.
4. Deal with the conditions contained in Section 84(2).
5. Be signed by a person occupying a responsible position in relation to the operation of the relevant device or the relevant activity.
The Supreme Court has, however, made it clear that the requirements under Section 84(2) may be established by oral evidence or by the certificate contemplated under Section 84(4).
SO, DON'T JUST SCREENSHOT!
If you think a WhatsApp conversation may become important in a legal dispute: Preserve the original conversation, Keep the phone/device where possible, Don't edit or manipulate the messages, Preserve the surrounding conversation and relevant attachments, Keep other evidence that can help establish who sent or received the messages.
A screenshot may be useful, but the court is concerned with whether the electronic evidence satisfies the law and can be properly authenticated and relied upon.
This post is for legal education only and does not constitute legal advice.