PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

6. Official capacity and superior’s orders

(2) (a) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for the a person convicted of an offence under that section to plead that he did the act constituting such offence in obedience to, or in conformity with, the law in force at the time, or pursuant to an order by a Government or a superior, whether military or civilian, unless –
(i) the person was under a legal obligation to obey the order of the
Government or the superior in question;
(ii) the person did not know that the order was unlawful; and
(iii) the order was not manifestly unlawful.
(b) For the purposes of paragraph (a), orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful