Durban - Krishna Govender will walk out of prison on Friday morning a free man for the first time in 22 years.
He will notch up a first as the only prisoner to be brought back to court for reconsideration, owing to his being sentenced to an “indefinite period” in jail in terms of a little-used law.
The legislation, under which Govender was declared a dangerous criminal, was enacted as an alternative to the death sentence.
The Mercury understands that Govender - who was convicted of murder and rape, crimes he committed when he was 18 - is one of only four prisoners in South Africa serving time under its provisions.
Because there was no precedent, State advocate Khatija Essack and defence advocate Pregasen Marimuthu toiled for months investigating Govender’s case and eventually came up with a settlement agreement.
It was made an order of court on Thursday by Durban High Court Judge Peter Olsen, who noted that he had a “full account of Mr Govender’s stay in prison” and this was the “correct route” to follow.
The order allows for his release under correctional supervision for three years. He may return home to Chatsworth but must wear an electronic monitoring device.
He must also attend several courses for “aggressive offenders”, substance abuse, life skills and a sexual offenders programme.
“This court wishes you well. The transition won’t be easy for you and you must take all these programmes seriously,” the judge said.
Govender’s family, who were present in the public gallery, beamed.
Govender told The Mercury that he had “gained a lot of skills” in prison.
“I have really learnt that crime does not pay,” he said.
Asked what he would do when he was released on Friday morning, he said: “Whew... I don’t know, I am so nervous. I just want to get a job and help my family financially.”
Govender claims to be a changed man from the one who, with a friend, raped and murdered his landlady, Poongavanam Govender, while high on drugs in June 1993.
He stood trial before the reputably tough (now retired) Judge Brian Galgut who, in September 1995, sentenced him in to the “indefinite period” after finding that based on reports by psychiatrists, Govender was a psychopath and the community needed to be protected from him.
He set April 22, 2016 as the date when Govender could return to court to be resentenced.
Govender, now 41 years old, came back to court on that day, armed with reports from the prison management, the parole board and a prison psychologist who all reported he had become a “Grade A model prisoner”.
According to documents in the court file, he now has a girlfriend who is willing to assist him and he wants to start up his own tattoo business.
He also wrote a letter of apology to the victim’s family, although The Mercury understands that no one has been traced.
Marimuthu, in his heads of argument, pointed out that if his client had been sentenced to life imprisonment or even the death penalty (which was declared unconstitutional in 1995, and all such sentences were converted to life), he would have been released before April this year.
“The sentence was unduly harsh. He also did not have the benefit of accruing credits as other prisoners do to be considered for parole.”
Essack, in her written argument, said it was not known how Govender would react in the “real world”.
She conceded he was a suitable candidate for correctional supervision, but cautioned that his release must be conditional.
The Mercury