Govender brothers trial: Defence objects to live broadcasting of proceedings

The lawyers representing the Govender brothers, who are facing trial for the murder of Durban businessman Shailen Singh, on Tuesday objected to the live broadcasting of the proceedings, arguing that the media should first obtain the court’s permission through a formal application.

The objection, raised with Judge Mbuzeni Mathenjwa, was done moments before the trial was due to commence at the Durban High Court.

The State alleges brothers Ferrel and Darren Govender killed Durban businessman Shailen Singh in 2024, saying the murder was motivated by a love triangle and is supported by CCTV footage and cellphone records. Ferrel remains in custody and Darren is out on bail.

Advocate Mike Hellens SC, appearing for Ferrel Govender, acknowledged the media’s role in serving the public interest but argued that any application to broadcast court proceedings must be formally brought before the court and the application must be open to opposition.

He submitted that witnesses are required to remain outside the courtroom until they testify and that live broadcasts could allow them to watch proceedings beforehand, potentially exposing them to the evidence of other witnesses.

“It can be opposed on a witness-by-witness basis,” Hellens argued.

Advocate Christo van Schalkwyk SC, representing Darren Govender, aligned himself with Hellens’ submissions.

“There is material that cannot be broadcast to the general public,” he told the court.

Judge Mathenjwa questioned why the objection had not been raised the previous day when both the media and legal representatives were present in court.

“Before the State could respond, you were here yesterday and the media was here. You never raised this. I am surprised,” the judge remarked.

Hellens responded that there had been no need to do so because the matter had simply been adjourned without any substantive proceedings taking place.

Senior State Advocate Krishen Shah also expressed surprise at the application, saying he had not anticipated having to deal with the issue of media coverage.

While he said there was merit in the defence’s submissions, Shah requested that the identities of State witnesses remain anonymous for security reasons.

Following a brief adjournment, Judge Mathenjwa said the court had previously received a request from members of the media seeking permission to broadcast the proceedings.

He ruled that broadcast media would be allowed to attend court but could only broadcast the plea proceedings, legal arguments, court rulings and the final judgment unless a formal application for expanded coverage was brought and granted.

“Unless the media submits a formal application and receives court approval to broadcast the trial, they should only be permitted to cover and report on the plea-taking arguments presented in court rulings made by the court and the final judgment in this matter,” Judge Mathenjwa ruled.

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

nomonde.zondi@inl.co.za