Malawi: Chimwendo Banda Left to Rot in Custody As State Delays Charge, Bail Ruling

5 January 2026

Dowa East Member of Parliament Richard Chimwendo Banda is facing worsening health and prolonged suffering in police custody amid what his lawyers describe as unlawful detention, raising fresh concerns about abuse of State power and selective justice.

Lawyer George Jivason Kadzipatike has disclosed that his client, who is accused of attempted murder, has not yet been formally charged before any court, more than three weeks after he voluntarily surrendered himself to police.

Kadzipatike says the situation has been made worse by an unexplained delay in delivering a bail ruling that High Court Judge Mzondi Mvula indicated would be communicated by email.

"We are still waiting for the bail ruling up to now. I keep checking my mailbox, but the ruling is yet to come," said Kadzipatike.

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He warned that the continued detention of the legislator amounts to a clear violation of constitutional safeguards.

"My client continues to suffer unlawful detention as the State has not formally charged him before any court. He has been in custody for over three weeks, having surrendered himself to police on 12 December 2025. His health is deteriorating."

The prolonged silence from both the prosecution and the court has triggered public outrage and renewed debate about the treatment of politically exposed persons once they fall out of favour.

Observers note that Chimwendo Banda's case highlights a troubling pattern where suspects are detained first and processed later, in direct contradiction to constitutional guarantees on arrest, charge, and timely court appearance.

Meanwhile, frustration has spilled into the public domain, with social commentator Joshua Chisa Mbele delivering a scathing assessment of what he describes as political abandonment by the ruling Malawi Congress Party (MCP).

"Where are the big-headed MCP lawyers when my brother Richard Chimwendo Banda, MP - Minister is literally abandoned?

Nobody of high profile has come to see him.

Used & Dumped.

Anthu Oipa Kwambiri."

The remarks underscore growing perceptions that Chimwendo Banda, once a powerful political figure, has been left isolated at his most vulnerable moment.

Legal experts warn that continued detention without charge not only exposes the State to litigation but also erodes public confidence in the justice system.

As days turn into weeks, questions continue to mount: Why has the State failed to charge Chimwendo Banda? Why has the promised bail ruling not been delivered? And how long can a suspect be held without due process before justice itself becomes the accused?

For now, Richard Chimwendo Banda remains behind bars -- waiting, uncharged, and unwell -- as the machinery of justice grinds to a troubling halt.

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