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UUM LAW STUDENTS GAIN CLEAR INSIGHT INTO THE TORT OF MISFEASANCE IN PUBLIC OFFICE

talk datuk wira hafarizam

UUM ONLINE: Dato' Wira Hafarizam Harun, a Managing Partner at Messrs Hafarizam Wan & Aisha Mubarak shared his extensive experience and knowledge in law with UUM students in a lecture entitled'Tort of Misfeasance In Public Office - True Purport' at the Seminar Hall A, Convention Center, yesterday.

In his lecture, Dato' Wira Hafarizam described the classification of tort misfeasance especially among those in the public sector, how this situation might occur and the differences between public office, public servants, public officers and public services.

Dato' Wira Hafarizam added that, the tort of misfeasance or in some countries it was known as 'malfeasance in office'- a misconduct involving the abuse of power by public officials and the purpose of tort was to compensate those who suffered losses due to abuse of power.

He explained that there were two types of misconduct in the public office namely 'targeted malice' which occurred when public officials intentionally misused their position with motives to cause damage to the claimant and 'untargeted malice' or 'illegality' – an act intentionally performed by public officials and they were aware and not legally authorised to take the action.

Dato' Wira Hafarizam, who is also a member of UUM Board of Directors (LPU), explained the history of the tort of misfeasance which can be traced back to the 17th century in England.