Ferrel Govender returns to High Court seeking fresh bail before July trial

Ferrel Govender has launched an urgent application in the Durban High Court asking to be granted a fresh bail hearing, his lawyers said, as he remains in custody ahead of a trial set for July 20.

New facts, new bid for bail

Govender, 41, applied to the High Court against the Director of Public Prosecutions in KwaZulu-Natal after a request to return the matter to the magistrate’s court for a new bail application was refused, court papers show. He is represented by attorney Avir Maharaj and advocate Cyril Mlotshwa.

In his papers Govender said his legal team had tried to set a hearing date for a fresh bail application but were hampered after the magistrate who originally denied bail retired. He also said the magistrate had previously indicated during the bail proceedings that he had found a false dossier placed under his office door, which Govender says was an attempt to influence the bail decision.

State opposes, court to decide on urgency and jurisdiction

The DPP opposed Govender’s urgent application, arguing he had not shown urgency and had exhausted several prior attempts to obtain bail, court documents record. Deputy DPP Sheriza Ramouthar told the court that Govender’s earlier appeals and applications including a petition to the Supreme Court of Appeal and a previous application based on new facts had been unsuccessful and that there had been no significant change in circumstances. She described the latest bid as an abuse of process and noted that the trial was about six weeks away.

“The trial of the applicant is about six weeks away,”

Durban High Court Judge Jacqueline Henriques adjourned the matter for further argument on whether the facts Govender raised justified a fresh bail application and whether the High Court had jurisdiction to return the matter to the magistrate’s court before another presiding officer. If the court finds it has jurisdiction, the new bail application may proceed.

Background to the case

Govender and his brother, Darren Govender, 36, face charges linked to the killing of Mount Edgecombe businessman Shailen Singh in January 2025. The brothers handed themselves over to police on January 1.

During initial bail proceedings, Darren Govender was granted R200 000 bail, while Ferrel Govender was refused bail and has spent almost 18 months in custody.

What happens next

The High Court will hear further argument to determine whether Govender’s latest filings amount to new facts warranting a fresh bail application and whether the court has jurisdiction to order the matter back to the magistrate’s court. The accused’s trial remains scheduled to begin on July 20.