MCP condemns Judiciary over prolonged detention of Chimwendo Banda

By Michael Martin//MALAWI

● Malondera—Justice must not hide behind silence
● This is persecution, not prosecution–Kazipatike
● MCP respects laws but is deeply concerned–Kabwila
● Msonda responds to the claims of negligence
●James questions MCP leadership and care
● Institutions must rise above politics–Political analysts
● No specific date has been set–Judiclary

Malawi is once again confronted with a difficult national conversation following sharp criticism directed at the Judiciary by Malawi Congress Party (MCP) Director of Youth, Baba Steven K. Malondera over the continued detention of the party’s Secretary General, Honourable Richard Chimwendo Banda, MP.

Chimwendo Banda was arrested on 12,bDecember 2025 on allegations of attempted murder involving Frank Chiwanda after voluntarily presenting himself to police upon learning that he was being sought.

As of now, nearly a month later, no formal charge has been presented before a competent court, a situation that has raised alarm among legal minds, civil society and political observers.

The prolonged detention has become a focal point in debates on constitutionalism, rule of law and equal application of justice in Malawi.

In a strongly worded statement, Director of Youth for MCP, Baba Steven Malondera described the delay as a troubling development that strikes at the very heart of justice and constitutionalism.

He noted that bail was applied for on 24 December, and presiding Judge Justice Mzondi Mvula indicated that a ruling would be communicated via email.

However, Malondera says no ruling has been delivered to date, replacing due process with silence and uncertainty.

He warned that detention without charge or timely judicial determination is illegal, unconstitutional and a dangerous precedent for the nation.

Malondera further revealed that MCP youths across the country are angry and confused with some calling for demonstrations.

He said he has consistently urged restraint and respect for institutions but cautioned that patience should not be mistaken for weakness.

The Chimwendo Banda case has reignited questions about good governance, transparency and accountability within Malawi’s justice delivery system.

In an interview, Legal expert, Thomas Msiska argues that good governance demands timely decisions, clarity in legal processes and respect for constitutional safeguards.
Prolonged silence by institutions, they say, erodes public confidence and fuels speculation of political interference.

He warns that selective justice undermines democracy and places the safety of every citizen at risk.

In his remarks, Chimwendo Banda’s lawyer, George Kadzipatike, popularly known as Chaima 40 has openly described the detention as persecution.

Again, Kadzipatike maintains that the State has failed to provide formal charges, a key requirement under criminal procedure.

He argues that holding an accused person without charging them violates both domestic law and international human rights standards.

According to Kadzipatike, the defence remains ready to proceed, but the State’s inaction is deliberately prolonging suffering.

MCP spokesperson Jessie Kabwila has also expressed concern over the length of Chimwendo Banda’s detention.

Speaking in an interview, Kabwila said the delay poses a serious risk to Chimwendo Banda’s health, especially given his medical condition that emerged in 2022.

She emphasized that MCP remains a law abiding party that respects the courts and will await the High Court’s determination on bail.

However, Kabwila stressed that respect for the law should not be used to justify unnecessary suffering.

Early, MCP Deputy Spokesperson Ken Msonda dismissed allegations that the party has neglected Chimwendo Banda during his detention.

Msonda said MCP officials have been visiting him in hospital and police custody regularly.

He accused critics, including Ayuba James, of making uninformed statements driven by political bitterness.

Msonda suggested that some critics were more focused on festive celebrations than following party developments.

Nkhotakota Central MP Ayuba James sparked controversy after suggesting on social media that MCP lacks leadership and concern for Chimwendo Banda.

James claimed the party had abandoned its Secretary General at a critical moment.

His remarks were swiftly rejected by MCP officials as misleading and divisive.

Party leaders reaffirmed that Dr. Lazarus Chakwera remains the undisputed leader of MCP.

Commentator Mkhutche observed that the real tragedy lies not in political disagreement, but in institutional failure.

He argued that courts must rise above politics and act decisively to preserve public trust.

According to Mkhutche, justice delayed invites instability and undermines national cohesion.

Judiciary spokesperson Ruth Mputeni confirmed that no specific date has been set for the bail ruling.

She explained that the delay is due to unresolved issues, including the State’s failure to provide formal charge details.

Mputeni assured the public that the matter would be addressed soon.

The Chimwendo Banda case has become more than a legal matter; it is now a test of Malawi’s democratic maturity.

Civil society groups warn that injustice tolerated today may become chaos tomorrow.

Calls are growing for transparency, urgency, and respect for constitutional timelines.

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