LILONGWE-(MaraviPost)-Attorney General (AG) Frank Mbeta is contesting a High Court decision allowing Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda to pursue a judicial review of his detention.

Mbeta argues that Chimwendo Banda had alternative remedies, such as invoking habeas corpus, which he failed to exhaust.

The High Court had ordered Chimwendo Banda’s immediate release from prison, citing unlawful detention beyond the legally prescribed remand period.

However, Mbeta’s preliminary application seeks to discharge the leave granted for the judicial review proceedings and set aside the interim reliefs obtained by Chimwendo Banda.

Chimwendo Banda’s lawyer, Khwima Mchizi, says he hasn’t seen the application filed by the respondents, the Inspector General of Police and the Director of Public Prosecutions. An inter partes hearing is scheduled for January 23, 2026.

Chimwendo Banda was arrested in December 2025 on attempted murder charges dating back to 2021.

His release was ordered after his lawyer argued that the State had exceeded the 30-day detention period allowed under the Criminal Procedure and Evidence Code.

The case has sparked controversy, with the MCP accusing the government of political persecution,a claim dismissed by many.

The outcome of the judicial review proceedings will determine whether Chimwendo Banda’s detention is lawful.