Murder accused Ferrel Govender has been denied bail for the fifth time after the Durban High Court dismissed his latest application for release.
Govender, the former CEO of security company Pro Secure, had offered to pay R3 million bail and relocate to Sandton in an effort to address concerns that he could interfere with State witnesses. He also offered to wear an electronic tracking device.
However, Judge Jacqueline Henriques ruled on Monday that the proposed conditions did not amount to exceptional circumstances that would justify his release.
“I am unpersuaded that there are new facts warranting a second new fact bail application or that the applicant has established exceptional circumstances,” Henriques said.
The judge found that Govender’s personal circumstances, together with his offer to relocate, did not tip the scales in his favour or demonstrate that releasing him would be in the interests of justice.
Govender faces 14 charges, including the murder of Durban businessman Shailen Singh and the attempted murder of Singh’s alleged lover, Salona Ramrutton/Kisten.
The State alleges that Govender and his younger brother, Darren, killed Singh at Meridian Park in Umhlanga on 29 December 2024.
Prosecutors allege that Govender discovered Singh was having an affair with Ramrutton/Kisten, which led to the fatal confrontation.
Govender was initially denied bail by Magistrate K Bruorton on 3 February 2025 after applying alongside his brother. Darren was granted bail of R200,000.
Govender subsequently appealed to the Durban High Court, but Judge Mfuniselwa Nkosi dismissed his application on 20 March 2025.
He then approached the Supreme Court of Appeal, which dismissed his application on 15 May 2025.
Govender later returned to Magistrate Bruorton with a bail application based on new facts, but that bid was also unsuccessful on 27 November 2025.
By that stage, he had been indicted in the High Court and was appearing in preparation for trial.
His latest bail application was launched on 28 May 2026, shortly before the trial was scheduled to begin in July.
In his affidavit, Govender argued that being released on bail would allow him to consult more freely with his legal team. He said this was particularly important given the possibility of a life sentence if convicted.
The latest proceedings were also complicated by a dispute over which court had jurisdiction to hear Govender’s second bail application based on new facts.
Henriques ruled that the High Court had exclusive jurisdiction to hear the application.
Govender had also sought the recusal of Bruorton, but the magistrate had retired by the time the matter was considered.
His legal team, including advocates Simphiwe Mlotshwa and N Cassim SC, told the court that the Chief Magistrate had indicated that Magistrate Sicelo Zuma would preside over the application.
However, State senior advocate Krishen Shah opposed the proposal, arguing that neither the Magistrates’ Courts Act nor the Criminal Procedure Act allowed another magistrate to hear the matter.
Shah argued that sending the case back to the lower court would create an untenable situation in which one magistrate effectively reviewed another magistrate’s ruling without having jurisdiction to do so.
Govender’s recusal application stemmed from an alleged conversation between Bruorton and his former attorney, Ravindra Maniklall.
Govender claimed Bruorton had told Maniklall that he found a dossier relating to Govender under his office door after the initial bail application. According to Govender, Bruorton believed the dossier was an attempt to influence his bail decision.
However, Henriques found that the recusal application relied solely on Govender’s allegations and untested hearsay.
“It is correct that the recusal application is based solely on the applicant’s assertion and is premised on untested inadmissible hearsay evidence,” Henriques said.
The judge noted that the allegations were not supported by affidavits from court officials or, notably, Govender’s former legal representative Maniklall.
The murder trial against Ferrel and Darren Govender is scheduled to proceed in May 2027 before Judge Mbuzeni Mathenjwa.