Twenty-two year-old Luvolwethu Kati is accused of shooting Dumisani Xolirha, 38, in the face on Sunday morning in Chester Road.
According to police spokesperson Colonel Andrè Traut, the officer was arrested shortly after the incident.
The prosecution told the court that on Sunday morning Kati and a colleague had arrived at the scene in response to a complaint that a group of homeless people were cooking a meal over an open fire.
Upon arrival, Kati asked the homeless man who was preparing the meal to extinguish his fire but the man refused to do so. He told the officers that he was hungry and was boiling water to prepare pap for the day.
According to witnesses, Kati then kicked over the man’s pot, resulting in an argument between the officers, the man and Xolirha. A scuffle then broke out, during which Xolirha was shot in the mouth. He later died.
Advocate John Riley, for the accused, told the court that this was a possible case of self defence. He asked the court to consider that this was also the accused’s first offence. He said that his client is fatherless and currently the breadwinner in his household.
Kati was released on bail of R1,000.
The City of Cape Town said it viewed the matter in a serious light and would cooperate with the investigation. “Those who respect the rule of law should allow it to take its course and allow the facts to be determined,” the City told GroundUp.
The case has been postponed to 12 April 2022 for further investigation.