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Section history

Section 188 — Disobedience to an order duly promulgated by a public servant

As in force on 15 May 1998.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 15 May 1998 You are here
  3. 1 February 2008 Act 51 of 2007
  4. 30 November 2008 Revised edition
  5. 1 January 2020 Act 15 of 2019
  6. 17 August 2026 Latest
188.Disobedience to an order duly promulgated by a public servant

Whoever, knowing that by an order promulgated by a public servant lawfully empowered to promulgate such order he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $200, or with both; and if such disobedience causes or tends to cause danger to human life, health, or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment for a term which may extend to 6 months, or with fine which may extend to $1,000, or with both.

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.