City of Cape Town encourages respect for investigation after Law Enforcement officer allegedly murdered a homeless man

A cross marks the spot where Dumisani Joxo was shot and killed in Rondebosch, allegedly by a City law enforcement officer, who now faces a murder charge. File Photo:Ayanda Ndamane/ African News Agency(ANA)

A cross marks the spot where Dumisani Joxo was shot and killed in Rondebosch, allegedly by a City law enforcement officer, who now faces a murder charge. File Photo:Ayanda Ndamane/ African News Agency(ANA)

Published Jan 18, 2022

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CAPE TOWN - The City of Cape Town has encouraged respect towards the ongoing criminal investigation which led up to the fatal shooting of Dumisani Joxo, 38, in Chester Road, Rondebosch allegedly by a member of its Law Enforcement.

The City said this incident is viewed in the most serious light, and it is cooperating fully with the police’s official investigation.

“Notwithstanding the ongoing criminal investigation, the City notes the ongoing distribution of some unsubstantiated reports and some public accounts of the event delivered by groups who were not eyewitnesses to the tragedy.

“The City urges that the facts should guide the process,” it said.

Law Enforcement officer Luvolwethu Kati, 22, was arrested and charged with murder in the Wynberg Magistrate’s Court.

Kati was granted R1 000 bail and is expected back in court on April 12.

According to initial reports of the incident, Kati was responding to a complaint from a resident about a fire that had been lit by homeless individuals in the area, supposedly for cooking, on January 9.

Upon their arrival at the scene, the officers requested the fire to be extinguished, after which a brief scuffle ensued before Kati allegedly shot and killed Joxo.

“Fatal shooting incidents involving law enforcement officers are an extreme rarity, and full account will be made to the relevant oversight bodies regarding this sad and tragic incident. These include the Civilian Oversight Committee (CIVOC) and Portfolio Committee for Safety and Security,” the City said.

It confirmed Kati was in possession of a firearm competency certificate issued by the South African Police Service (SAPS), as all law enforcement officers are required to have.

The City stated Kati underwent the accredited firearm training, which is compulsory for Law Enforcement and SAPS members, and training strictly follows the nationally determined standards by the Safety and Security Sector Education and Training Authority (SASSETA).

The City said its Law Enforcement officers undergo six months of training which includes theoretical and supervised practical training.

It said the training is comprehensive and includes guidance on engaging the public professionally and with compassion.

“Regarding burial costs for the deceased, Mr Dumisani Joxo, the City has a specific policy for contributions to the burial costs of indigent residents, and this is always available for anyone who needs burial support.

“The department of community services and health administers the application process, and burial assistance can be provided if requested.

“However, in this regard, the Mayor (Geordin Hill-Lewis) has reached out to the family of the deceased and indicated his willingness to help where possible with some of the costs associated with the burial,” it said.

The City stated further its Care programme to help get people off the streets amounted to over R64 million in the last two financial years.

It said this included providing 1 600 shelter placements, 1 550 EPWP work placements, 575 reunifications with families, three Safe Spaces opened with 700 capacity and R13.5 million provided to support non-governmental organisation shelters over the past five years.

It also has a Reintegration Unit of social development professionals who offer daily interventions to help people rebuild their lives off the streets.

This service is available to homeless people across the city, including in the vicinity of Chester Road, at any time, it said.

“The City is under no illusions about the challenges of homelessness, a matter which should not be confused with a housing shortage issue.

“The issue is more complex and often includes people choosing not to live in their homes.

“Cape Town generally prohibits the same conduct in public places as other municipalities, except the City’s Streets by-law was recently amended to uniquely enshrine the offer of shelter in law, making this a requirement before enforcement takes place.

“This means only once all offers of shelter and sustainable solutions are refused, does sleeping or camping overnight in a public place become an offence.

“This is a necessary ‘last resort’ deterrent for the sustainable management of public places,” the City added.

It has also urged residents to submit complaints if its officials are not treating residents with dignity and respect and stated the mayor’s office can also be contacted in this regard.