The high-profile murder trial of the Govender brothers took an unexpected turn before a single witness could be heard, as defence lawyers moved to block the live broadcasting of proceedings in the Durban High Court on Tuesday.
Moments before the trial was set to begin, legal representatives for Ferrel and Darren Govender objected to media coverage, arguing that journalists and broadcasters should first obtain the court’s permission through a formal application process.
The State alleges that the brothers murdered Durban businessman Shailen Singh in 2024, claiming the killing stemmed from a love triangle and is supported by CCTV footage and cellphone records. Ferrel Govender remains in custody, while Darren Govender is out on bail.
Advocate Mike Hellens SC, appearing for Ferrel Govender, acknowledged the media’s role in serving the public interest but argued that any application to broadcast court proceedings must be formally brought before the court and the application must be open to opposition.
He submitted that witnesses are required to remain outside the courtroom until they testify and that live broadcasts could allow them to watch proceedings beforehand, potentially exposing them to the evidence of other witnesses.
Image: Nomonde Zondi
“It can be opposed on a witness-by-witness basis,” Hellens argued.
Advocate Christo van Schalkwyk SC, representing Darren Govender, aligned himself with Hellens’ submissions.
“There is material that cannot be broadcast to the general public,” he told the court.
Judge Mathenjwa questioned why the objection had not been raised the previous day when both the media and legal representatives were present in court.
“Before the State could respond, you were here yesterday and the media was here. You never raised this. I am surprised,” the judge remarked.
Hellens responded that there had been no need to do so because the matter had simply been adjourned without any substantive proceedings taking place.
Senior State Advocate Krishen Shah also expressed surprise at the application, saying he had not anticipated having to deal with the issue of media coverage.
While he said there was merit in the defence’s submissions, Shah requested that the identities of State witnesses remain anonymous for security reasons.
Following a brief adjournment, Judge Mathenjwa said the court had previously received a request from members of the media seeking permission to broadcast the proceedings.
He ruled that broadcast media would be allowed to attend court but could only broadcast the plea proceedings, legal arguments, court rulings and the final judgment unless a formal application for expanded coverage was brought and granted.
“Unless the media submits a formal application and receives court approval to broadcast the trial, they should only be permitted to cover and report on the plea-taking arguments presented in court rulings made by the court and the final judgment in this matter,” Judge Mathenjwa ruled.
The trial is expected to commence at 2pm on Tuesday.
nomonde.zondi@inl.co.za
