Africa-Press – South-Africa. The State’s witness in the trial of a Cape Town law enforcement officer, who is accused of shooting and killing a homeless man last year, failed to come to court on Thursday, forcing proceedings to be postponed.
The officer, Luvolwethu Kati, has pleaded not guilty to the charge of murder following the shooting of Dumisani Joxo in Rondebosch in January 2022.
Dressed in a dark green puffer jacket and jeans, Kati made a brief appearance in the Wynberg Regional Court on Thursday.
In a statement read out by his lawyer in court, Kati said he acted in self-defence.
At the hearing last week, a State witness, Linda Mbuqe, testified that he had been living in a makeshift structure at the Liesbeek River Trail, with Joxo, at the time of the incident.
He said that, on the morning Joxo was shot, Kati and another officer had arrived and kicked over a pot of porridge he had been preparing. This angered Joxo and an argument between him and Kati ensued.
Mbuqe said Joxo tried to defend himself and started swearing at Kati.
He said Kati then moved towards Mbuqe and pushed him.
Mbuqe told the court that Kati then pulled the trigger and the bullet hit Joxo, who was standing behind him.
On Thursday, the prosecutor, Ebrahim Arend, told the court that, despite their efforts, the State had been unable to locate Mbuqe, who was to complete his cross-examination.
Mbuqe did not have a fixed address or cellphone, he said.
Kati’s lawyer, John Riley, said Mbuqe was in contempt of court and asked that a warrant for his arrest be issued.
The magistrate, Heather Paulse, had warned Mbuqe when he took the stand that, if he failed to attend the next hearing, the court would issue a warrant for his arrest.
Paulse then issued an arrest warrant for Mbuqe before postponing proceedings to 24 April.
Kati’s bail of R1 000 was extended.
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