The State v Tekere & Others 1980 489 ZLR: defence of obedience to orders was available to the accused because of the State of Emergency

Pittman J:

The defence of obedience to orders was available to the accused because of the State of Emergency, even though they were not technically on active service. Even if the order relied upon was illegal it could still form the basis of the defence. The test to be applied was not whether a reasonable man would have known of the illegality, but whether the accused person himself ought to have known of the illegality. The test depended on the Court's assessment of the accused.

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