DPP to challenge High Court ruling

By Michael Martin//MALAWI

The Director of Public Prosecutions (DPP) has announced plans to challenge a High Court ruling that led to the release of the outspoken Malawi Congress Party (MCP) Secretary General, Richard Chimwendo Banda.

The announcement was made through a statement posted on the Ministry of Justice’s official Facebook page on Thursday 15th, January 2026.

According to the statement, the DPP intends to apply to the High Court for a review and appeal against the decision that ordered Chimwendo Banda’s release.

The move comes barely a day after the High Court in Lilongwe granted Chimwendo Banda his freedom.

High Court Judge Justice Kenyatta Nyirenda ruled that Chimwendo Banda should be released unconditionally.

The judge also suspended the remand warrant that had kept Chimwendo Banda in custody.

Justice Nyirenda made the ruling after Chimwendo Banda applied for a judicial review.

His lawyers argued that his detention had exceeded the legally permitted remand period.

The court agreed that his continued detention was unlawful under the circumstances.

As part of the ruling, the court ordered that all parties return on January 23, 2026, for a full hearing of the matter.

Chimwendo Banda had been held at Maula Prison in Lilongwe.

He was arrested on December 12 last year.

Police accused him of allegedly plotting to kill Frank Chawanda.

Since his arrest, Chimwendo Banda had been in custody awaiting decisions on bail applications.

Prior to the judicial review ruling, courts had been handling multiple legal applications related to his detention.

In a related development, the court confirmed that Magistrate Mzondi Mvula is expected to deliver a ruling on a second bail application next week.

Following Chimwendo Banda’s release, the Malawi Congress Party strongly criticized the government.

MCP accused the ruling Democratic Progressive Party (DPP) government of using law enforcement agencies to persecute its leaders.

MCP spokesperson Jessie Kabwila made the remarks during a press briefing held in Lilongwe on Thursday.

Kabwila claimed that MCP leaders are being arrested illegally and without proper adherence to the law.

She alleged that the arrests are politically motivated and meant to silence the opposition.

“The DPP is afraid of us, and that is why they are doing all this,” Kabwila said.

She further stated that MCP will not be intimidated into silence.

Kabwila declared that MCP will return to government in 2030.

She argued that many Malawians are suffering under the current DPP-led administration.

Kabwila also expressed concern over reports that police were again searching for Chimwendo Banda.

“Everything the DPP is doing shows fear. They want us to keep quiet, but that will not happen,” she added.

The press briefing was attended by MCP Director of Youth Baba Steven Malondera.

MCP Director of Political Affairs Maxwell Thyolera was also present at the event.

MCP noted that several of its senior members have been arrested since the change of government.

Those arrested include Jessie Kabwila herself, Richard Chimwendo Banda, Vitumbiko Mumba, and Ezekiel Ching’oma.

All four are former cabinet ministers from the previous MCP led administration.

Meanwhile, government spokesperson and DPP party spokesperson Shadric Namalomba did not respond to requests for comment on Kabwila’s remarks.

However, in earlier statements, Namalomba has maintained that government does not interfere with the work of police or the courts.

The developments come just three months after the DPP returned to power, amid mixed assessments from governance and economic experts on the administration’s early performance.