Precisely. If your job is a legislator, competence (or ability to delegate it) is part of the job description and, if you believe in democracy, a moral imperative. Thus, incompetence IS malice in such cases.
There is such thing as wilful ignorance, as Aristotle condemned it millennia ago, and it is morally reprehensible.
Those people are basically never acting on incompetence, or on competence for that matter. And stop trying to make excuses for people caught in malicious acts again and again.