Malawi's leading human rights network has thrown its weight behind the rule of law, warning that the continued detention of MCP Secretary General Richard Chimwendo Banda without charge is a dangerous assault on due process.
The Human Rights Consultative Committee (HRCC)--a coalition of 97 civil society and governance organisations--says keeping Chimwendo Banda locked up for nearly a month without formal charges or a bail ruling violates basic constitutional rights.
Chimwendo Banda, who is also a Member of Parliament, was arrested in December 2025 over the alleged attempted murder of Frank Chawanda of Balaka. He has now spent 29 days at Maula Prison without being charged.
Speaking in Lilongwe on Saturday, HRCC Board Chairperson Robert Mkwezalamba said the situation is unacceptable in a constitutional democracy.
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"While remand is lawful, prolonged detention without charge and without a timely ruling on bail raises serious due-process concerns--especially where a person's liberty is at stake," Mkwezalamba said.
He stressed that the law does not give police a blank cheque to hold suspects indefinitely while investigations drag on.
90-Day Rule Is Not a Detention Licence
Mkwezalamba explained that Section 161G of the Criminal Procedure and Evidence Code, which allows suspects in serious crimes to be held for up to 90 days, is being misunderstood and abused.
"This provision does not authorise automatic or indefinite detention. It gives courts discretion to assess each case and ensure constitutional safeguards are respected. It was never meant to justify punitive pre-trial detention," he said.
In short, the law exists to protect suspects, not to punish them before trial.
Police and Courts Put on Notice
HRCC also called out both the police and the judiciary for allowing the situation to drift.
Desmond Mhango, speaking for the organisation, urged police to charge Chimwendo Banda without delay if they have evidence--or stop holding him.
He also demanded that the High Court urgently decide the pending bail application.
"Justice delayed is justice denied. Timeliness, clarity and lawful decision-making are essential if the public is to trust the justice system," Mhango said.
A Test of Malawi's Rule of Law
HRCC warned that this case goes far beyond one politician.
"Whether someone is powerful or ordinary, the law must apply equally. Due process must be respected at every stage--from arrest to trial," Mhango said.
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The organisation says how the state handles Chimwendo Banda's case will send a clear message on whether Malawi truly respects the rule of law--or only applies it when convenient.
