10 August 2023
Cape Town law enforcement officer Luvolwethu Kati leaving the Wynberg Magistrates Court after a prior hearing where he is on trial for the death of Dumisani Joxo who was homeless. Archived photo: Ashraf Hendricks
The trial involving a Cape Town law enforcement officer who shot and killed a homeless man was unable to proceed because there were no interpreters at the Wynberg Magistrates Court.
Dressed in a dark green blazer, light shirt and khaki pants, Luvolwethu Kati made a brief appearance in the dock on Tuesday.
He is accused of shooting dead Dumisani Joxo in Rondebosch in 2022. Kati has pleaded not guilty to the charge of murder. In a previous statement read out by his lawyer in court, Kati said that he had been acting in self-defence.
On Tuesday, the witnesses expecting to testify in Kati’s defence, a law enforcement and metro police officer, could not take the stand. Prosecutor Ebrahim Arend told the court that the witnesses would need interpreters, but there were none at the court. Arend said that they expect two more witnesses.
“It’s unfortunate that this is the state of affairs throughout the building,” Magistrate Heather Paulse responded.
So far, three witnesses have taken the stand: Resident Linda Mbuqe, Joxo’s partner Christin Coleridge and her son, Dylan-Leigh Coleridge. They were all present on the day of the shooting. According to their version of events, Mbuqe had been making pap in a pot over a fire when Kati and his colleague arrived. Kati kicked over the pot and an argument ensued between him and Mbuqe. They claim that’s when Kati drew his firearm. Mbuqe said he then grabbed a pick axe and walked towards Kati, but Kati’s colleague took the pick axe from him. At this stage, Joxo came out of his tent followed by Coleridge and her son.
Joxo allegedly became upset when he heard that Kati had knocked over the pot and started swearing at him. The argument became heated between Joxo, Mbuqe and Kati and at some point, the gunshot went off which killed Joxo.
Paulse postponed the matter and extended Kati’s bail of R1,000 to the next hearing on 11 September.
Asked what the impact of the taxi strike has been on the courts, Chrispin Phiri, spokesperson in the Ministry of Justice and Correctional Services said, “The Ministry has asked the Department of Justice to undertake an exercise to determine what the exact impact of the strike has been on the justice system.”