Attorney General Mbeta to challenge High Court order on MCP’s Chimwendo Banda attempted murder case

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.

The Maravi Post

Activist chides MCP zealot Kadula for threatened victim Chiwanda in Chimwendo’s attempted murder case

LILONGWE-(MaraviPost)-Human rights activist Chimwemwe Mbeya Mhango Ntchindi has slammed Malawi Congress Party (MCP) zealot Dala Kadula for threatening to deal with Frank Chiwanda over MCP Secretary General Richard Chimwendo Banda detention.

Mhango, the former Malawi Defence Force (MDF) officer is reacting to social media audio circulation which Kadula is heard threatening Chiwanda for initiating Chimwendo’s arrest in attempted murder case.

In an audio which The Maravi Post Post posted a day ago, Kadula who is also answering assault charges in court questioned Chiwanda as to why he initiated Chimwendo’s arrest.

Kadula further threatened to deal with Chiwanda if Chimwendo remains in cell.

But reacting to the audio, Mhango expressed worrisome over Kadula’s unpalatable behaviour of threatening others despite being in court on similar charges.

“Is Kadula really normal? Why he continues to pose threats to others despite being dragged to court on similar charges?

“What if MCP was still in power, what could be the fate of us whom he also threatened to kill?”, he queries.

The activist adds, “This behaviour is a threat to our society that is aimed at violating people’s rights.

“It’s my appeal to authorities to put this to stop. Let the law take its course on this uncalled for inhumane characters.

According to court documents, Kadula is Chimwendo Banda’s accomplices in attempted to Frank Chiwanda in 2022 in Dowa.

However, the court stopped Kadula’s arrest as he is also answering others assault charges.

But with this behaviour, the court might revoke the bail as he posses threat to society.

MCP Secretary General Chimwendo has been on detention for a month now as the court is yet to grant him bail.

But Chimwendo has not been fully charged in the court.

The Maravi Post

Breaking New! MCP SG Chimwendo Banda granted bail

LILONGWE-(MaraviPost)-The High Court in Lilongwe has granted bail to Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda.

The court delivered the ruling today through email to the lawyers

This comes after earlier reserving its decision following a bail hearing in an attempted murder case in which Chimwendo Banda is a suspect.

Details of the bail conditions are yet to be made public.

Chimwendo Banda’s legal team had argued that his continued detention was unlawful as there was no formal charge before the court, and also cited humanitarian grounds, noting that he is currently receiving medical treatment.

The State had indicated it would be ready to formally commit the matter in the weeks beginning January 5, 2026.

Source: Times360


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