Section 6: Official capacity and superior’s orders

6. Official capacity and superior’s orders (1) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for a person convicted of an offence under that section to plead that he is or was Head of State, a member of a Government or Parliament, an elected representative or a government official of a foreign State. (2) (a) It shall not be a defence to an offence under section 4 nor a ground for a reduction of sentence for 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. [Issue 4] I15B – 4 Revised Laws of Mauritius (b) For the purposes of paragraph (a), orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful.