R v Smith (1900) is a significant case decided by the Special Court in the Cape of Good Hope under the Indemnity and Special Tribunals Act, 1900. The central issue concerns the legal defense of superior orders. The court addressed whether following orders from a superior officer absolves an individual of responsibility for their actions. The case is considered a leading one in jurisprudence regarding the complexities and limitations of the 'superior orders' defense in legal proceedings.
1900: Indemnity and Special Tribunals Act
In 1900, the Indemnity and Special Tribunals Act, 1900 (No 6) led to the creation of a Special Court that convened in the Supreme Court of the Colony of the Cape of Good Hope to decide R v Smith.
1901: Stephen's comment on case report
In 1901, Stephen commented on the available reports of the case, noting that the "Cape Times Law Reports" provided the best account, but hoped for a more accessible report for English practitioners.
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