Description of the legal term Malfeasance:
Malfeasance is a term used within the British legal system to describe an act that is illegal or wrongful when it is carried out by a public official in the course of their duties. It is an important aspect of public law, particularly in the areas of administrative law and criminal law. The term comes from the French word “mal” meaning “bad” and the English word “feasance” which refers to the doing or performing of an act. Therefore, malfeasance is quite literally ‘bad doing’.
The concept of malfeasance is intended to provide a check against the misuse of power by those in public office. It applies to acts that are committed with an element of intentionality, or at least a reckless disregard for the legality of one’s actions. This distinguishes malfeasance from other forms of improper conduct by public officials, such as nonfeasance (failure to perform a required act) and misfeasance (a lawful act done in an unlawful or improper way).
To successfully allege malfeasance against a public officer, the claimant must typically prove that the officer engaged in an act that was illegal under the laws that govern their position, that the act was carried out with knowledge of its illegality or with reckless neglect, and that the act resulted in damage or injury. Given that malfeasance involves the abuse of power, it can result in criminal charges or civil claims against the public official responsible.
The consequences of proving malfeasance can be severe, ranging from removal from office and fines to imprisonment. It acts as a legal mechanism designed to prevent and punish corrupt or illegal actions by those entrusted with public responsibilities. The standard of evidence, however, is quite high, reflecting the serious implications of such a finding.
In the scope of tort law, if someone is harmed by an act of malfeasance, they may be able to seek compensation for damages through legal action. In the criminal law context, malfeasance is more direct, and the state would prosecute the offending public official under respective criminal statutes.
Legal context in which the term Malfeasance may be used:
One illustrative example of malfeasance occurred during the Operation Countryman investigation into corruption within the London Metropolitan Police during the 1970s and 1980s. Allegations surfaced that certain police officers were involved in criminal activities, such as accepting bribes in exchange for dropping charges or providing sensitive information to criminals. These acts, committed by public officials in the course of their duties, were not just examples of poor conduct but outright illegal—constituting malfeasance. Some officers were prosecuted, reinforcing the principle that those who hold public office are accountable for their actions and that malfeasance would not be tolerated.
Another context to consider is the political environment. An elected official who uses their position to secure contracts for close friends or family members in exchange for personal gain may be engaging in malfeasance. For instance, if a British Member of Parliament used confidential information obtained through their position to profit in the stock market, this could be perceived as malfeasance. Such a case occurring would likely result in a public outcry, investigations by regulatory bodies, and potentially, criminal proceedings.
Understanding the term malfeasance and its significance serves as an underpinning for the integrity of public services and the trust we place in those who hold office. It stands as a guard against the potential for public officials to exploit their positions and is a crucial mechanism for maintaining accountability and ethical standards in government and public administration. The effective application of laws against malfeasance is vital for upholding the rule of law and for ensuring that the public interest is protected against wrongdoing by those in power.
