Who can commit the tort of misfeasance in public office?

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Misfeasance in Public Office Can Only Be Committed by Public Officials

The tort of misfeasance in public office can only be committed by individuals holding public office. This specific civil wrong occurs when these officials misuse their public authority.
Public Officials as the Sole Perpetrators

The definition of this tort is exclusively tied to the actions of those who occupy public positions. It is generally recognised as the common law's singular public tort, meaning its commission is strictly limited to individuals acting in an official capacity.
Misuse of Public Power as the Defining Factor

The occasions on which this tort can be committed are specifically when public office holders engage in the misuse of their designated public powers. This misuse is the essential element that distinguishes this civil wrong from other torts.
Historical Roots in Protecting Rights

The tort's origins can be traced back over three centuries to the English case of Ashby v White (1703). In this instance, constables were held liable for fraudulently and maliciously preventing a voter from casting his ballot, thereby infringing upon his electoral rights. The court's reasoning emphasised the need for public officers to be held to a higher standard of accountability to deter future misconduct and safeguard national interests.

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Who can commit the tort of misfeasance in public office?

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