The High Court on Friday halted Attorney General Frank Mbeta’s bid to overturn a judicial review in favour of Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda after the parties agreed to withdraw the matter through a consent order.
The State moved to challenge High Court orders, arguing that Chimwendo Banda abused judicial review by bypassing available bail remedies and withholding material information from the court.
The application, which was before the High Court Civil Division in Lilongwe, did not proceed to hearing after Chimwendo Banda’s lawyer, George Jivason Kadzipatike, proposed that the Attorney General withdraw the case and allow the criminal proceedings to continue independently.
Read More
Kadzipatike argued that pursuing parallel civil and criminal matters was unnecessary, proposing that the dispute be confined to the High Court Criminal Division where Chimwendo Banda is facing an attempted murder charge. The Attorney General indicated willingness to proceed with the withdrawal.
Ministry of Justice spokesperson Frank Namangale confirmed that the parties are finalising a consent order which will be submitted to the court for endorsement.
The Attorney General has agreed to withdraw the matter from the Civil Division through a consent order. Once endorsed by the court, the civil case will be formally closed,” said Namangale.
The Attorney General’s application had been filed on instructions from the Inspector General of Police and the Director of Public Prosecutions, seeking to discharge leave for judicial review and set aside interim reliefs earlier granted to Chimwendo Banda.
The proposed withdrawal follows a series of court decisions that have shaped the case.
On January 14 this year, High Court Civil Division Judge Kenyatta Nyirenda ordered Chimwendo Banda’s immediate release from Maula Prison, ruling that there were grounds to challenge his continued detention beyond the statutory remand period.
Days later, High Court Criminal Division Judge Mzonde Mvula also granted Chimwendo Banda bail, despite the politician having withdrawn his bail application.
Mvula held that criminal proceedings are instituted by the State and cannot be terminated by withdrawal of an application by an accused person, stressing that courts retain discretion to grant bail in the interests of justice.
The Criminal Division further ordered the State to commence committal proceedings before the Chief Resident Magistrate’s Court, serve disclosures within 60 days and set March 31, 2026, for plea and directions.
Earlier, the Supreme Court of Appeal dismissed Chimwendo Banda’s challenge against a 90-day remand warrant, ruling that it lacked jurisdiction to entertain the matter as the remand order was provisional and not a final decision capable of appeal.
Despite the Supreme Court ruling, Chimwendo Banda’s lawyers have repeatedly raised concern over delays in the determination of bail and remand-related applications.
Meanwhile, the State has indicated readiness to proceed to trial. Prosecutors have confirmed that committal papers have been filed and are awaiting dates from the lower court.
Chimwendo Banda was arrested on 12 December 2025 and has been accused of attempting to murder Frank Chawanda in an incident alleged to have occurred in February 2021. He has since denied the charges.
The MCP has described his arrest and those of other previous government top brass and prosecution as politically motivated, a claim President Arthur Peter Mutharika has dismissed.