Murder-accused Ferrel Govender, who offered to pay R3 million bail and relocate to Sandton to allay fears that he could interfere with State witnesses, has been refused bail for the fifth time.
The Durban High Court on Monday dismissed Ferrel’s latest bid for freedom, finding that his proposed relocation and offer to wear a tracking device did not amount to exceptional circumstances warranting his release.
Ferrel, a former CEO of security company Pro Secure, 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 alleged that Ferrel and his younger brother, Darren, killed Singh at Meridian Park in Umhlanga on December 29, 2024, after Ferrel allegedly discovered that Singh was having an affair with his girlfriend Ramrutton/Kisten.
“I am unpersuaded that there are new facts warranting a second new fact bail application or that the applicant has established exceptional circumstances,” Judge Jacqueline Henriques ruled.
She said Ferrel’s personal circumstances, coupled with his offer to relocate, did not “tip the scales in his favour as constituting exceptional circumstances which in the interests of justice warrant his release on bail”.
Ferrel was initially denied bail by Magistrate K Bruorton on February 3, 2025, when he applied alongside his brother. Darren was granted R200,000 bail.
Ferrel then approached the Durban High Court on appeal, but Judge Mfuniselwa Nkosi dismissed his application on March 20, 2025. He subsequently approached the Supreme Court of Appeal, which dismissed his application on May 15, 2025.
He returned to Magistrate Bruorton with a bail application based on new facts, but was again unsuccessful on November 27, 2025. By then, he had been indicted in the High Court and was making appearances in preparation for trial.
His latest application was launched on May 28, 2026, shortly before the trial was due to begin on July 20.
In his affidavit, Ferrel argued that if released on bail, he would be able to consult more freely with his legal team, which he said was necessary because he faces a possible life sentence.
The application was complicated by a dispute over which court had jurisdiction to hear it.
“It is declared that the High Court has exclusive jurisdiction to hear the applicant’s second bail application on new facts,” Henriques ruled.
Ferrel had also sought the recusal of Bruorton from the proceedings. However, by the time the application was considered, Bruorton had retired.
His legal team, including advocates Simphiwe Mlotshwa and N Cassim SC, told Henriques that the Chief Magistrate had informed them that Magistrate Sicelo Zuma would preside over the second bail on new facts application.
State senior advocate Krishen Shah opposed this, arguing that neither the Magistrates’ Courts Act nor the Criminal Procedure Act provided for another magistrate to hear the application.
“Should the matter be remitted to the lower court before Magistrate Zuma, an untenable situation would arise where a magistrate would be ‘reviewing’ another magistrate’s ruling where he has no jurisdiction to do so,” Shah argued.
Ferrel’s recusal application was based on an alleged conversation between Bruorton and his former attorney, Ravindra Maniklall.
Ferrel alleged that after the initial bail application, Bruorton told Maniklall that he had found a dossier concerning Ferrel under his office door, which Bruorton believed was an attempt to influence his decision on bail.
Shah argued that this amounted to an attempt by Ferrel to review the outcome of his earlier bail application.
Henriques agreed that the recusal application was based solely on Ferrel’s assertions 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, which is not supported by any affidavits by the officers of the court or, interestingly enough, the applicant’s then representative, Maniklall,” Henriques said.
The trial against Ferrel and Darren will proceed in May 2027 before Judge Mbuzeni Mathenjwa.
iol.co.za
