Legal Definitions - malversation

Malversation refers to serious misconduct or corruption committed by an individual while holding a position of public trust or authority.

It involves the abuse of one's official power, resources, or influence for personal gain, improper purposes, or to the detriment of the public good.

Here are some examples illustrating malversation:

• Example 1: A mayor uses their authority to pressure the city's zoning board into approving a controversial development project owned by a close associate, despite significant environmental concerns and public opposition. In exchange, the mayor receives a substantial "consulting fee" from the associate's company.

  Explanation: This is malversation because the mayor, a public official, is abusing their office and influence for personal financial gain by facilitating a project for an associate, disregarding public interest and proper procedure.

• Example 2: A high-ranking official in a national health agency diverts a significant portion of funds designated for purchasing essential medical supplies during a public health crisis. Instead, they funnel these funds into shell companies they secretly control, purchasing substandard equipment at inflated prices and pocketing the difference.

  Explanation: This demonstrates malversation as the official, entrusted with public funds for a critical purpose, engages in corruption by misusing those funds for personal enrichment, directly harming public welfare.

• Example 3: A judge accepts lavish gifts and undisclosed financial contributions from a law firm, and subsequently rules consistently in favor of that firm's clients in cases brought before their court, even when the legal merits are questionable.

  Explanation: This constitutes malversation because the judge, a public officer, is engaging in misbehavior and official corruption by allowing personal gain (gifts, contributions) to improperly influence their judicial decisions, undermining the integrity of the justice system.