Bail was granted last Wednesday to murder accused Darren Govender (37) in the Port Shepstone District Court.

The court set bail at R15 000.

This judgement followed a bail application where Govender, who is an assistant superintendent law enforcement officer for Ray Nkonyeni Municipality, pleaded not guilty to the schedule six offence of premeditated murder.

Govender handed himself over to police on February 12, after the incident in which businessman Brad Hughes (54) was shot and killed at a pub in Shelly Beach.

The state, represented by prosecutor Sakhile Lubanyana, opposed bail.

A week prior, investigating officer Captain Malcom Mjweni, a detective from Port Shepstone Saps, testified that it was not in the interest of justice to grant bail if one looks at the brutality of the case.

Mjweni explained a fight took place inside the pub. The accused (Govender) walked out (of the pub) to his vehicle, where he took out a 9mm pistol (handgun) and came back to the pub. He fired four shots at the victim (Hughes). The victim fell on the floor, and the accused fired another four shots while he was lying on the floor.

“He is a danger to society and to himself,” said Mjweni.

The court heard the ballistic report, saw a photo album of the crime scene, and post-mortem results are outstanding.

Advocate Wesley Matthews read the bail plea, which takes the form of an affidavit outlining the reasons why Govender should be released on bail while awaiting trial. In the plea, Matthews stated that Govender, from Izotsha, has worked as a law enforcement officer since 2005.

He also solely runs two guest houses. He is divorced and has no children. He cares and pays for his elderly and sick mother’s medicine. He owns eight firearms locked away in a safe, which he is willing to hand over to Saps. He has no previous convictions and could face being in custody for an unspecified time while waiting for the outstanding reports.

Govender’s defence team consisted of Matthews, flanked by attorney Kwenza Ndlovu.
(On a point of clarity, Govender was previously represented by Sharlene Govender from Sharlene and Associates and NOT Sharlene Govender from Sharlene Govender & Associates.)

Before handing down judgement, Magistrate Vuyokazi Diza accepted the state’s submission of a petition. The petition from the community demanded that Govender be denied bail and the case be transferred to the Pietermaritzburg Magistrate’s Court. The petition, which is being circulated on social media, has so far more than 1300 signatures.

Diza handed down a lengthy judgement. Apart from outlining the exceptional circumstances in the interest of justice and the meaning/purpose of bail, Diza took into consideration the following guidelines: the evading of trial, the safety (endanger/threaten) of everyone/witnesses and the gravity of the offence.

Diza explained that bail is not a trial nor a method of punishment, and the court is tasked with a pre-trial where investigations are pending.

“The interest of justice not necessarily demand that you stay in custody…but you (Govender) will have your day in the high court.”

“The accused is labelled as a person with ‘anger issues’, but I don’t have enough evidence before me.”

The court granted bail on the conditions that Govender attends all the court dates and doesn’t interfere with state witnesses and police investigations. He is prohibited from visiting St Mike’s and Shelly Beach (restaurants/pubs) while the case is proceeding. He must hand over all eight firearms to the investigating officer and his passport. He must report to Port Shepstone police station every Friday.

Diza said if Govender is non-compliant with these conditions, he will lose his bail money and remain in custody.

The case was postponed to April 17 for further investigation.

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