City of Cape Town's involvement in the murder of Dumisani Joxo
- Ndifuna Ukwazi
We join the call for accountability following the killing of Dumisani Joxo by police in the City of Cape Town
The City of Cape Town’s unchecked and escalating levels of violence towards street-based people came to a head on Sunday 9 January 2022 when a member of the City’s Law Enforcement unit shot and killed Dumisani Joxo in Rondebosch.
Dumisani, who lived in a tent on Chester Street, stepped outside his tent to relieve himself when he was shot in the mouth and killed by City of Cape Town Law Enforcement officer Luvolwethu Kati. Kati, who was part of the Law Enforcement team doing their regular morning check up on the community, saw an open fire made by one of the community members and requested the fire to be extinguished. At this stage the officer had already armed his firearm. The person refused to extinguish the fire and said that they needed the fire to cook breakfast. The Law Enforcement officer is alleged to have kicked over the pot intended to cook the pap when a scuffle broke out, ending with Dumisani’s death by Kati.
It has been brought to our attention that the new Learner Law Enforcement Officers in terms of the City’s LEAP programme will be equipped with firearms but will only undergo training for six weeks with the firearm training being a mere three weeks. This brings into question whether Kati had been trained to deploy alternative means instead of using his firearm and opening fire. It further brings into question whether the Safety and Security Directorate provides trauma-informed training before deploying their officers to work with people living on the streets.
Four days prior to this incident, Dumisani was brutally assaulted by members of the South African Police Service for no apparent reason. He had a broken rib at the time of his death.
At the time of publishing, this statement was endorsed by the following individuals:
Colleen Brocker
Ivan Turok
Keren Ben-Zeev
Jens Horber
Caitlin Turok
Roberta Fox
Megan Tennant
Paul Crawford
Kirsten Bowman
Suraya Scheba
Andries du Toit
Roshila Nair
Kelly Gillespie
Tauriq Jenkins
Natasha Himmelman
This is at least the third murder committed by the City of Cape Town’s Law Enforcement Unit in the last two years. Law Enforcement officer Morné Horn was found guilty in November 2021 for the murder of two people. The Law Enforcement Unit operates separately from the South African Police Force and the Metro Police, both of whom operate within the boundaries of the South African Police Service Act No. 68 of 1995. Law Enforcement’s apparent lack of legislative basis, regulation, and oversight body is an issue which has been challenged by the Minister of Police, Mr Bheki Cele. Cele, who has called the City’s Law Enforcement a ‘rogue unit’ questioned their legitimacy in 2020, and was reported by GroundUp as saying:
Outraged members of the Chester Street community are demanding justice for Dumisani and requesting that the City:
- Hold the Law Enforcement Officer accountable by effecting his immediate suspension and doing a thorough investigation into the incident;
- Conduct a comprehensive investigation into the Law Enforcement Unit in relation to its legislative basis, the training of its officers, and the existence of an oversight mechanism;
- Arrange and pay for Dumisani’s memorial and burial; and
- Ensure that Dumisani’s body be taken to his family in the Eastern Cape where he will be laid to rest.
Ndifuna Ukwazi is assisting the community of Chester Street in making these demands to the City.
Dumisani Joxo was originally from the Eastern Cape. His neighbours describe him as a leader and father for his community. If someone needed a place to stay, he would take them in. He was also an excellent cook, and if someone needed something to eat, he would give them his last food.
“He will be very missed, he was very loved and there will be no one who can replace him,” said Christin Coleridge, partner of Dumisani.
Dumisani leaves behind his community in Chester Street, his family in Cape Town, his partner Christin, his son, and mother in the Eastern Cape.
“The City is guilty of using excessive force to address a by-law offence. To use a loaded fire-arm to threaten someone to extinguish a small fire used for cooking, is a disproportionate and irresponsible response. It is unacceptable that the City’s Law Enforcement be allowed to continue its work without urgent and drastic intervention, and for all those guilty of this heinous and cruel loss of life to be held to account. We demand justice for Dumisani Joxo,” said Ndifuna Ukwazi attorney Daniellé Louw.
Update: Murder accused Officer Kati appeared at the Wynberg Magistrate’s Court this morning. Kati was released on bail of R1000 and the matter has been postponed to 12 April 2022.
Watch: Chester Street community describing the events that led to Dumisani Joxo’s death.
#HomelessnessIsAStateNotATrait
#HomelessnessIsNotACrime
#RestInPeaceDumisani
#JusticeForDumisaniJoxo
For more information, please contact:
- Daniellé Louw, Ndifuna Ukwazi Law Centre attorney: Danielle@nu.org.za / 072 957 9711
- Yusrah Bardien, Ndifuna Ukwazi communications officer: Yusrah@nu.org.za / 082 470 1441 (WhatsApps welcome)
At the time of publishing, this statement was endorsed by the following organisations:
- Housing Assembly
- The Rehoming Collective
- Souper Troopers
- Sea Point for all
- The Hope Exchange
- New Hope SA
- The Socio-Economic Rights Institute of South Africa
- The Centre for Applied Legal Studies
- The Interim
- Ubuntu Circle of Courage
At the time of publishing, this statement was endorsed by the following individuals:
- Colleen Brocker
- Ivan Turok
- Keren Ben-Zeev
- Jens Horber
- Caitlin Turok
- Roberta Fox
- Megan Tennant
- Paul Crawford
- Kirsten Bowman
- Suraya Scheba
- Andries du Toit
- Roshila Nair
- Kelly Gillespie
- Tauriq Jenkins
- Natasha Himmelman