Googling misfeasance will immediately come up with the explanation that it is an early 17th century old French word for mesfaisancea.
The simple meaning is transgression, especially the wrongful exercise of lawful authority.
Wikipedia explained misfeasance in public office as:
Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused their power.For lengthy explanation on this tort, read here. To understand tort, read here.
DAP lawmaker Tony Pua has filed a misfeasance in public office suit against Prime Minister Najib Abdul Razak yesterday. [Read Mkini here].
His intention seemed out of concern but it is intended to be a politically deceptive move to fool the Malaysian public.
How irresponsible can an opposition leader be to misled his followers and in the process converting them into foolish zoombies.
1MDB attack is losing steam and opposition have diverted to economic fear factor strategy. This look to be a desperate attempt to recycle lately.
One prominent lawyers WA us the following:
The suit is based on the assumption Najib Razak is a public officer.The defense Menteri Besar is not a public officer was attempted by former Selangor Menteri Besar, Dato Dr Khir Toyo but rejected at Court of Appeal.
One element of the tort of misfeasance of public office is it must be shown that Najib Razak is a public officer. He is not.
The Interpretation Act 1948 & 1967 defines public office as “an office in any of the public services”.
Section 132(3)(c) of the Federal Constitution states that the public services does not include the office of any member of the administration in the Federation or a State.
A member of the administration under Article 160 of the Federal Constitution means “a person holding office as Minister”.
Najib Razak is a minister but ministers are not considered a public officer. Therefore, the suit will fail.
Are the circumstances the same or different? The lawyers will be slugging it out.
Not only that the opposition are working hard to recycle and revive the 1MDB issue. They are reenacting the same old Tamil drama.
Yang Berbahagia U-Turn Tun Dr Mahathir's lawyer, Hanif Khatri challenged the Attorney General, Tan Sri Apandi to resign and seek apology from the people.
If he does not intend to, then he should reopen investigation on the RM2.6 billion that went into Dato Najib's personal bank account [Read Malaysia Dateline.com here].
Hanif argued judgement by the Singapore court against Manager of Falcon Private Bank Switzerland's Singaporer branch, Jens Fred Sturzenegger warrants so.
It was mentioned in court that Taek Jho Loh is Tan Kim Loong who operated Tanore Finance account at Falcon. The case fact is the Manager is in collusion to allow a fictitous name operate an account.
Hanif is basically calling Tan Sri Abu Kassim and MACC as lying. Apa ini? Kawan sudah tembak sama kawan ka? Aiyeah ...
The same legal source said to bring him over for a slap in the face. Maybe it is not a good idea.
With these people from the little continent, a light touch on the cheeks will be exaggerated by the studio audio as a major slap and the reaction dramatic!
In the meanwhile, Hanif's client and the real drama king, Matthias Chang have been alerting his send list that Obama, Clinton and CIA will attempt an assassination attempt on Donald Trump before his inuaguration to allow Obama a third term.
Many more conspiracy theory here.
No smiling please, he is as serious as Tony Pua and Hanif Khatri.
Why is Dato Khairuddin Abu Hasan relatively quiet lately?