The trial of a Cape Town law enforcement officer accused of shooting dead homeless man Dumisani Joxo on 9 January will be heard in the Wynberg Regional Court next month.

Dressed in dark blue denim jeans and a black puffer jacket, 22-year-old Luvolwethu Kati made a brief appearance at the Wynberg Magistrates Court on Friday. He has been charged for Joxo’s murder.

According to the prosecution, the officer and a colleague arrived at a scene in response to a complaint that a group of homeless people were cooking a meal over an open fire. Upon arrival, the officer allegedly asked the homeless man preparing the meal to extinguish his fire, but the man refused. He told the officers that he was hungry and was boiling water to prepare pap for the day.

According to witnesses, the officer then kicked over the man’s pot, resulting in an argument between the officers, the man and Joxo. A scuffle broke out, during which Joxo was shot in the mouth. He later died.

During a previous hearing on 12 April, the state told the court that it was still busy investigating. When the matter returned on 15 June, the state said investigations were still incomplete due to an outstanding pathology report. On 29 July Magistrate Gulam Bower transferred the case to the regional court.

Kati’s bail of R1,000 was extended and the matter will be heard on 16 August.

Joxo, at the time of his death, was living in a settlement near the Liesbeek River Trail in Rondebosch. The settlement is home to about a dozen people. Earlier this year, Joxo’s friends and Chester Road community members held a memorial service to remember his life. DM

First published by GroundUp.