OF OBEDIENCE AND OFFENCE S v Mostert 2006 1 SACR 560 (N)

Abstract

The judgment of Theron J in the recent case of S v Mostert has raised some interesting questions about the nature and content of the defence of obedience to orders (which will be referred to interchangeably with the alternative appellation “superior orders” in the discussion which follows), and the ambit of the common-law crime of crimen injuria.