Malfeasance in public office is a serious criminal offence that involves a public official intentionally or deliberately committing an act that is illegal or wrongful in the performance of their duties. It is a form of public corruption that undermines public trust in government officials and institutions.
To prove the offence of malfeasance in public office, the prosecution must show that:
- The accused was a public official with a duty to perform their duties lawfully and in good faith;
- The accused intentionally or deliberately committed an act that was illegal or wrongful, and that breached their duty;
- The accused knew that their actions were illegal or wrongful, or they were recklessly indifferent to the legality or propriety of their actions; and
- The accused's actions caused harm to the public interest.
Malfeasance in public office is a serious criminal offence, and can result in a prison sentence of up to life imprisonment, depending on the severity of the offence. This offence is often used to prosecute public officials who engage in corrupt or fraudulent activities, such as bribery, embezzlement, or misuse of public funds. The offence is seen as a breach of the public trust, and is therefore considered to be a serious violation of the public interest.
You can learn more about this topic and relevant case law with our Criminal Law, Tort Law, and Administrative Law notes.
