Defence objects to live broadcasting as Govender brothers’ trial opens in Durban

Defence lawyers for Ferrel and Darren Govender objected on Tuesday to live broadcasting of their clients’ murder trial at the Durban High Court, arguing that any media coverage should follow a formal application process before the court.

Objection raised before proceedings

The objection was made to Judge Mbuzeni Mathenjwa moments before the trial was due to begin. The State alleges the brothers killed Durban businessman Shailen Singh in 2024, and says the motive was a love triangle, supported by CCTV footage and cellphone records. Ferrel Govender remains in custody while Darren Govender is out on bail.

Defence concerns on witness exposure

Advocate Mike Hellens SC, representing Ferrel Govender, told the court that the media plays an important public role but submitted that any application to broadcast proceedings must be formally brought and open to opposition. He argued witnesses must stay outside the courtroom until they testify and warned that live broadcasts could allow witnesses to watch earlier evidence.

Advocate Christo van Schalkwyk SC, representing Darren Govender, supported Hellens’ submissions, saying “There is material that cannot be broadcast to the general public.”

Judge and State respond

Judge Mathenjwa questioned why the defence had not raised the objection the previous day when the media and legal teams were present. Hellens replied that the matter had been adjourned the day before without substantive proceedings.

Senior State Advocate Krishen Shah said he was surprised by the application but acknowledged there was merit in the defence’s concerns. Shah requested that the identities of State witnesses be kept anonymous for security reasons.

Limited broadcast permission granted

After a brief adjournment, Judge Mathenjwa said the court had received a request from media to broadcast the proceedings. He ruled that broadcast media may attend but may only broadcast the plea proceedings, legal arguments, court rulings and the final judgment, unless the media files a formal application and the court grants expanded coverage.

The trial was expected to commence at 2pm on Tuesday.