News24 | Cape Town law enforcement officer found not guilty of murdering homeless man

The Wynberg Magistrate’s Court has acquitted Cape Town law enforcement officer Luvolwethu Kati (centre) of the murder of Dumisani Joxo, a homeless man.

• On Wednesday, a Cape Town law enforcement officer was found not guilty of the murder of a homeless man.
• The officer, Luvolwethu Kati, shot and killed Dumisani Joxo in Rondebosch in January 2022 after a fight broke out.
• The magistrate found Kati had acted in self-defence when he shot Joxo.

Cape Town law enforcement officer Luvolwethu Kati, who shot and killed a homeless man in Rondebosch in January last year, has been cleared of murder.

GroundUp reported Kati heard his fate in the Wynberg Magistrate's Court on Wednesday. 

He was accused of murder for shooting dead Dumisani Joxo. Kati pleaded not guilty.

In his testimony, Kati said he acted in self-defence.

The State called five witnesses to the stand - resident Linda Mbuqe; Joxo's partner, Christin Coleridge; her son, Dylan-Leigh Coleridge; metro police officer Craig Gillion; and Kati's colleague Unathi Govuza.

They were all present at the shooting.

According to the witnesses, Mbuqe was cooking pap in a pot over a fire when Kati and his colleague, Govuza, arrived.

Kati kicked over the pot and an argument ensued between him and Mbuqe.

Mbuqe then grabbed a pickaxe handle and approached Kati, who started retreating.

Govuza then tried to diffuse the situation by standing between Mbuqe and Kati.

Her attempts, however, were unsuccessful as Mbuqe broke free from her hold and approached Kati.

At this stage, Joxo came out of his tent and approached Kati.

According to Kati, he continuously warned the pair not to approach him but to no avail.

Mbuqe and Joxo also threatened to take Kati's firearm.

The exchange became heated between Joxo, Mbuqe and Kati and at some point, the gun went off, killing Joxo.

READ | Cape Town family wants justice after law enforcement officer knocked down their little boy

Reading out her judgment, magistrate Heather Paulse said the witness testimonies showed Mbuqe and Joxo were "undeterred by the accused's warnings".

While Joxo argued and swore at Kati, Mbuqe "made a movement" towards Kati which appeared as if he was trying to disarm him, Paulse said.

"During the altercation, Mbuqe somehow moved to the side and at that same time, Kati discharged his firearm."

Mbuqe then threw away the pickaxe and fled the scene before police and paramedics arrived.

Paulse said the testimonies of Kati's colleague and the metro police officer was "free of any material contradictions" and the court "can rely their testimony was the truth and should be believed".

She added Govuza's evidence corroborated Kati's version of events and "bolsters its reliance on self-defence".

"The other State witnesses," Paulse said, "testified with great drama and their evidence is riddled with contradictions both from their own evidence and the evidence of each other.

"What is common from the witnesses is important: Dylan, Christin and Mbuqe all testified Mbuqe was the cause of the events that unfolded that day."

Paulse also found Joxo was armed with a knife when he approached Kati.

She said the evidence suggested Mbuqe intended to disarm Kati when he approached him.

Paulse added the State's witnesses corroborated the circumstances under which it was necessary for Kati to discharge his firearm.

She said:

Paulse added Kati's response under the circumstances "was reasonable".

Kati was acquitted of Joxo's murder.

As Paulse read out the final verdict, Kati took a deep breath in the dock. 

Outside court, a visibly tearful Kati told GroundUp: "I don't know how to feel."