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UPDATE: Members of the public are free to transport booze at any time

You can't get arrested for transporting booze outside of level 3 trading hours, an attorney has confirmed with SAPS.

National police spokesperson Brigadier Vish Naidoo now says members of the public may transport liquor at any time.

Earlier this week, Naidoo told CapeTalk host Refilwe Moloto that the transportation of liquor was only permitted during level 3 trading hours - Monday to Thursday, between 9am and 5pm.

But this is not the case.

After Brigadier Naidoo's comments were published online, he was contacted by Danie Cronje, a specialist attorney in liquor law.

Cronje confirmed with Naidoo that level 3 regulations do not contain any restriction on the transport of liquor by members of the public.

This means that transporting booze is permitted on all days, including Fridays, Saturdays, Sundays, and public holidays.

The police spokesperson says while the public is not encouraged to transport liquor during times, he emphasised that it is not a crime.

Cronje has explained the legal requirements to CapeTalk host Pippa Hudson.

The only limitation in terms of those times - Monday to Thursday between 9 and 5 - is the sale of liquor at licensed premises or through e-commerce delivery.
Danie Cronje, Owner - Danie Cronje Attorneys

There's no restriction on the transport liquor anywhere in the regulation.
Danie Cronje, Owner - Danie Cronje Attorneys

It even states that transport and distribution of liquor to licensed premises can happen at any time.
Danie Cronje, Owner - Danie Cronje Attorneys

To say that the public may not transport liquor outside of those hours is simply not correct because there is no portion of that regulation that restricts the transport of liquor by members of the public.
Danie Cronje, Owner - Danie Cronje Attorneys

Listen to the update on Lunch with Pippa Hudson:

On Monday, level 3 lockdown regulations came into effect, unbanning the sale of alcohol from Monday to Thursday, between 9am and 5pm.

At the time, Naidoo had initially claimed that the restriction on the transportation of liquor was aimed at combating illicit trade.

This is what he said in his original interview on CapeTalk:

Between Monday at 9am and Thursday 5pm is the only time people are allowed to purchase and transport alcohol for their personal use. A
Brigadier Vish Naidoo, National spokesperson - SAPS

Any other time beyond that will be a contravention of the regulations. People must be warned.
Brigadier Vish Naidoo, National spokesperson - SAPS

From 5pm on Thursday 'til Monday at 9am, no one is allowed to transport alcohol, except those that are actually licensed dealers. There
Brigadier Vish Naidoo, National spokesperson - SAPS

There will be no excuse for people carrying alcohol during those prohibited times.
Brigadier Vish Naidoo, National spokesperson - SAPS

Listen to the discussion on Refilwe Moloto:

This article has been updated to reflect the latest developments.

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