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Harlington Shereni

Fungai Lupande Court Reporter
FORMER Zimbabwe national soccer team player Harlington Shereni, who is accused of duping the late Higher and Tertiary Education Minister Dr Stan Mudenge’s daughter of more than $8 000 yesterday sought to have the matter referred to the Constitutional Court.

Shereni is facing charges of making off without payment after engaging Ms Rumbidzai Mudenge to plan and co-ordinate his testimonial match.

Through his lawyer, Mr Musindo Hungwe, Shereni made the application after prosecutor Ms Shambadzeni Fungura moved to produce telephone, e-mails and WhatsApp messages as evidence. Harare magistrate Ms Nomsa Sabarauta gave Ms Fungura the green light to produce the telephone conversations, saying the objection by Mr Hungwe was devoid of merit.

But Mr Hungwe applied to have the matter referred to the Constitutional Court, saying the production of the telephone conversations and e-mails infringed on Shereni’s constitutional right to privacy.

“In terms of section 174 (4) of the Constitution, it clearly sets out if private communications obtained without the consent of the other party can be used in legal proceedings,” Mr Hungwe submitted.

“The right to privacy exists in the statute known as Interception of Communications Act.”

Ms Fungura argued that the information in the telephone conversation was no longer private because Shereni had communicated with several other people who are witnesses in the matter.

The matter was adjourned to Friday for ruling.

In his defence, Shereni said the case was a civil matter.

“The court cannot be made to carry out debt collecting services,” said Mr Hungwe.

“That would be an abuse of court procedure. Some of the claims are for events that were never rendered like the gala and testimonial match.”