You don’t have to tell a police officer where you got your smokes

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You don’t have to tell a police officer where you got your smokes
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The sale of tobacco products is currently prohibited.

The possession of cigarettes during the lockdown is not a crime, and police officers may not compel you to give an explanation on why you have it on your person, despite comments made by Police Minister Bheki Cele.

“If you say you have bought the cigarette, here is the receipt; we have got two options there: to get you and go [or to] get the person who sold the cigarette to you. But if the cigarette was there in your thousand looses and you’re smoking at home, we are not going to come into your house to arrest you.

“Another exists – perhaps not at the instance of a police officer – but at the instance of the machinery of the state – who are entitled to being advised of an alibi defence in advance of a criminal trial. Grant also contended that, in terms of the Criminal Procedure Act, which has not been suspended during the lockdown, a police official may also not arrest a person for suspected contravention of any Covid-19 regulation – unless the offence is committed in the officer’s presence.

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