Human Rights Consultative Committee (HIRCC) – a network of 97 NGO’s and CSOs on human rights, governance, rule of law and democratic governance in Malawi – demanded timely charging and ruling on bail application for Richard Chimwendo Banda.
Chimwendo Banda – a lawmaker and Malawi Congress Party (MCP) Secretary General (SG) – remains remanded at Lilongwe Prison (Maula), having been arrested in December 2025 over alleged attempted murder of Frank Chawanda of Balaka.
To date, the ‘bulldozer’, as he is popularly known in the MCP family, has spent 29 days in detention albeit without formal charge, as law enforcement agents are yet to finalize their investigations.
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However, this has not gone down well with HRCC, which believes detention without a formal charge is an infringement on Chimwendo Banda and any other suspect.
“HRCC expresses measured concern regarding the continued detention of Hon. Chimwendo Banda in circumstances where he has not yet been formally charged, alongside the pending bail application that remains undetermined. While remand is lawful within the confines of the law, prolonged detention without charge and without a timely ruling on bail raises legitimate due-process concerns, particularly where liberty is at stake,” HRCC Board Chairperson, Robert Mkwezalamba, told journalists in Lilongwe on Saturday afternoon.
Mkwezalamba, who was flanked by Alfred Munika, Fryson Chodzi, Desmond Mhango, Nellie Nthakomwa and Moses Busher, added that although the law, under Section 161G of the Criminal Procedure and Evidence Code, provides for a custody period of ninety (90) days for certain serious offences such as treason, genocide, rape, defilement and robbery pending commencement of trial, this period nor automatic.
He argued that the provision does not compel release upon expiry.
“Rather, it confers discretion on the court to weigh the circumstances of each case, including the status of investigations, risks to the administration of justice, and any exceptional factors, and to make a reasoned determination consistent with constitutional safeguards. The provision’s purpose is to punitive pre-trial detention, not to fetter judicial discretion,” he emphasized.
Weighing in on the matter, Mhango implored the police to ensure timely charging in accordance with the law and upon the High Court to expeditiously determine the pending bail application, exercising its discretion judiciously and proportionately.
“Timeliness, clarity, and reasoned decision-making are essential to sustaining public confidence in the justice system. Our position is principled and objective: due process must be observed at every stage-from arrest and remand to charging, bail consideration, and trial regardless of who is the alleged offender. The rule of law is best served when institutions act lawfully, transparently, and within reasonable timeframes, ensuring that justice is both done and seen to be done,” he said.