A 22-year-old Law Enforcement officer accused of killing a homeless man was released on R1000 bail in the Wynberg Magistrates’ Court yesterday.
Officer Luvolethu Kati is accused of shooting vagrant Dumisani Joxo, 38, in the face in Rondebosch on Sunday after responding to a resident’s complaint that bergies were cooking a meal outside in the street.
The officer, dressed in a green jacket, blue jeans and flip flops, appeared calm in the dock.
Kati’s family came to support him but there were no relatives of Joxo at court.
The court heard that Joxo was boiling a pot of pap on a fire in Chester Road when the officers arrived.
The deceased’s partner Christin Coleridge told pro-poor NPO Ndifuna Ukwazi that she witnessed the whole incident.
“We saw Law Enforcement coming,” says Christin.
“There was an argument for more than five minutes with another resident who lives here.
“The Law Enforcement guy just shot, I don’t think he meant to, he didn't even look where he was shooting to.
“He just shot and he shot Dumsa in the mouth.
“His tongue was at the back of his neck.
“I was the first one by him and I stayed there.
“He will be missed.”
In court, State Prosecutor Bernelee Clayton said Kati asked the deceased to extinguish the fire but Joxo allegedly refused and said he was hungry.
She said the officer kicked a pot off the fire and this angered Joxo who allegedly attacked the accused with a spoon.
She said Kati drew his firearm and shot Joxo in the mouth. He died on scene.
Kati’s lawyer, Mr Riley, asked for R500 bail, saying there is a possible case of self-defence.
The court also heard that Kati had no previous cases therefore is a first-time offender.
Magistrate Khaleed Parker said there was still a life lost and released Kati on R1000 bail.
The case was postponed until 12 April for further investigation.
The City said in a statement: “The City of Cape Town can confirm a shooting incident involving a Law Enforcement officer.
“The City views the incident in a very serious light and will cooperate with the investigation, where needed.
“The City will follow the prescribed labour related laws and policies applicable to this matter.”