Key Points
- The Govender brothers await a bail ruling in a murder case.
- The defence says no eyewitness identified them as the shooters.
- The prosecution alleges the murder was motivated by jealousy.
A month after their arrest in the alleged murder of Mount Edgecombe businessman Shailen Singh, a judgment on the bail application for brothers Ferrel and Darren Govender is expected on Monday in the Durban Magistrate’s Court. Arguments from the state and the defence concluded this week.
The Govender brothers are accused of shooting and killing Singh, 32, while he was seated in his vehicle in a parking bay on Meridian Drive in uMhlanga on Dec. 29.
Singh, the father of a now 3-month-old son, was shot multiple times, including in the head, neck, and abdomen. He died at the scene.
Ferrel Govender, 40, is the group CEO of Prosecure, a security company, while Darren Govender, 35, owns a construction business. The brothers turned themselves in to the police on Jan. 1 and were charged the following day.
Defence argues strong ties to the community
During the bail hearing, Ferrel, represented by attorney Ravindra Maniklall, stated in an affidavit that an eyewitness present at the scene had not identified him as the shooter or as being at the location.
He argued that his strong personal and social ties in the community would prevent him from evading trial. Ferrel said he is a father of three sons, ages 17, 15, and 6, and serves as his family’s primary breadwinner.
He described himself as a self-employed businessman with multiple registered South African companies in the security, construction, and asset management industries.
“I have approximately 3,000 employees through my companies, whose operations I manage daily as group CEO,” he stated. “I personally oversee all my business affairs with a hands-on approach.”
Darren, represented by advocate Christo Van Schalkwyk, also stated in an affidavit that the eyewitness had not identified him as the shooter.
He described himself as a businessman with 40 employees, including temporary workers, and a father of three minor children, the youngest of whom is 2 years old. He said he takes his children to school each morning and employs two caregivers.
Darren also said that he and Ferrel provide financial support for their elderly mother.
State links killing to alleged affair
In the state’s case, investigating officer Warrant Officer Kumarasan “Bob” Pillay of the Provincial Organized Crime Unit alleged that Singh had been involved in an affair with Ferrel’s girlfriend.
Pillay said jealousy and insecurity were the motives behind the killing, and that Ferrel, with Darren’s assistance, planned to kill Singh.
According to Pillay, evidence confirmed that Ferrel and Singh communicated via cell phone moments before the shooting.
“There was a plan on the part of applicant one to lure the deceased to the scene to shoot and kill him,” Pillay said. “He called his brother to assist in this regard.”
Earlier this week, a woman believed to be central to the alleged love triangle attempted to submit an affidavit through her attorney, Advocate Paul Jorgensen, in response to audio and visual evidence presented by the state.
Jorgensen argued that his client had not provided that evidence to the state. However, senior state prosecutor Nkululeko Msiya opposed the application, saying it was an attempt by the defence to reopen their case and improperly involve a state witness. The magistrate denied the application.
Family seeks justice
According to the Post, on Friday, Singh’s father, Pradeep, said the family has endured a month of trauma since his son’s death.
“It has now hit home that he is gone and will never come back,” he said. “We have never in our lives experienced such trauma. Every day is getting harder, especially sitting in court. My son should have been at home with his family. He is missing out on all of his son’s milestones.”
Pradeep said the family is hoping for justice. “We are praying that justice will be served and that they are denied bail,” he said.