Criminal Law Code as at 1st March 2007 PART XVIII OBEDIENCE TO ORDERS 267 Interpretation in Part XVIII of Chapter XIV In this Part⎯ “active operations” means⎯ (a) active service during any war in which Zimbabwe is engaged; or (b) counterinsurgency operations; or (c) the suppression of a riot or public disturbance or public violence; or (d) the prevention of a disturbance within or escape from a prison; “disciplined force” means⎯ (a) the Defence Forces; or (b) the Police Force; or (c) the Prison Service; or (d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe; “lawful order” means any command, direction or order⎯ (a) of a routine, permanent or continuing nature that is properly made for any disciplined force by or under any enactment or in terms of any authority given by or under any enactment; or (b) given on a particular occasion or for a particular purpose by a member of rank of a disciplined force within the ordinary and lawful scope of that member’s authority; “member”, in relation to a disciplined force, includes a person who is assisting members of the disciplined force, whether voluntarily or otherwise and whether or not he or she is remunerated for his or her services, and who is subject to orders given by other members of the disciplined force; “member of rank”, in relation to a disciplined force, means a member in lawful authority over any other member. 268 Requirements for obedience to lawful orders to be complete defence The fact that a person charged with a crime was obeying a lawful order when the person did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if⎯ (a) when he or she did or omitted to do the thing he or she was a member of a disciplined force; and (b) the order was given to him or her by a member of rank of a disciplined force, whether or not that person was a member of the same disciplined force. 269 When obedience to illegal orders affords complete defence (1) Subject to this section, the fact that a person charged with a crime was obeying an illegal order when the person did or omitted to do anything that is an essential element of the - 136 -