LILONGWE-(MaraviPost)-The country’s Human Rights Consultative Committee (HRCC) has welcomed a Supreme Court of Appeal judgment delivered on January 9, 2026, which dismissed an application seeking a stay or suspension of a remand warrant involving Richard Chimwendo Banda, while at the same time expressing concern over his continued detention without formal charges.
In a statement issued in Lilongwe on January 10, 2026 and signed by HRCC Board Chairperson Robert Mkezelamba,said the apex court correctly upheld settled law by finding the application procedurally premature for failing to comply with Order 1, Rule 18 of the Supreme Court of Appeal Rules, which requires that an application for a stay must first be made to and refused by the court below.
The rights body noted that the Supreme Court’s decision reaffirmed the importance of procedural discipline, judicial hierarchy and orderly case management, principles it said are essential to the proper administration of justice.
However, HRCC said notwithstanding the ruling, it is concerned that Chimwendo Banda remains in custody without having been formally charged, while his bail application is still pending determination.
According to Mkwezalamba, although 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 personal liberty is at stake.
HRCC however cited Section 161G of the Criminal Procedure and Evidence Code, which provides for a maximum custody period of 90 days for certain serious offences pending commencement of trial.
Mkwezalamba explained that the provision does not grant automatic release upon expiry of the 90 days but requires courts to exercise discretion after considering factors such as the status of investigations, reasons for delay and the risk to the administration of justice.
HRCC emphasized that the purpose of the law is to prevent arbitrary or punitive pre-trial detention, not to fetter judicial discretion and that decisions must be consistent with constitutional safeguards.
The organization further noted that the bail application in question was brought earlier than usual due to exceptional circumstances, including reported medical considerations, which it said are legally relevant and warrant prompt, transparent and reasoned judicial determination.
“Delays in charging or in resolving bail applications can, in effect, convert remand into punishment, contrary to the presumption of innocence,” the statement reads.
HRCC has therefore called upon the Malawi Police Service to ensure that charging is done timeously in accordance with the law and urged the High Court to expedite the determination of the pending bail application, exercising its discretion judiciously and proportionately.
The committee said timeliness, clarity and reasoned decision making are essential to sustaining public confidence in the justice system.
HRCC reiterated that due process must be observed at every stage of the criminal justice system from arrest and remand to charging, bail consideration and trial regardless of the identity or status of 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,” the statement concludes.
MCP Secretary General Chimwendo Banda is accusing of attempting to kill Frank Chiwanda in 2022 in Dowa.