Arrested for smokes? You could sue the state

This is according to Constitutional law expert Professor Pierre de Vos, who says any such arrest would be unlawful. 

De Vos was reacting to a remark by Police Minister Bheki Cele, who said a failure to produce proof of purchase when in possession of cigarettes will result in a legal penalty.

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“They cannot arrest you if you refuse to give a receipt,” said De Vos. 

“They can only arrest you if they have a reasonable suspicion that you committed a crime. And having a box of cigarettes in your possession will not give that reasonable suspicion to the police. 

“If they do arrest you if you don’t have a receipt they could be doing so unlawfully and could be sued because of that.”