LILONGWE-(MaraviPost)-The Human Rights Consultative Committee (HRCC) has reaffirmed the supremacy of the rule of law and called on state authorities to fully comply with court orders in the matter involving Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda.
Addressing the news conference on Friday, January 16, 2026, HRCC Board Chairperson, Robert Mkwezalamba observes that the recent judicial developments surrounding the case, including a ruling by the Malawi Supreme Court of Appeal delivered on January 9, 2026.
According to HRCC, the Supreme Court of Appeal declined to assume jurisdiction over the matter, citing the absence of a final decision by the High Court on the pending bail application. The apex court directed that the issue be pursued before the High Court, where it properly lay.
Mkwezalamba further recalled that following its public statement issued on January 10, 2026 raising concern over prolonged detention without charge and delays in determining bail the High Court (Criminal Division) announced that a bail ruling would be delivered on January 20, 2026.
However, before the scheduled bail ruling could be made, the High Court (Civil Division), sitting as a judicial review court, issued an order granting Richard Chimwendo Banda unconditional release. The court also directed that there should be no further arrest in respect of offences arising from the same set of facts.
In light of these developments, HRCC emphasized that court orders issued by a court of competent jurisdiction are binding and enforceable unless they are lawfully stayed, varied, or set aside. The committee stressed that disagreement or dissatisfaction with a judicial decision does not suspend its legal effect.
“Perceived error or controversy does not invalidate a court order,” HRCC said, adding that the proper remedy for an aggrieved party lies in pursuing review, variation or appellate procedures as provided by law.
The committee noted that Malawi’s jurisprudence is clear that court orders are immediately operative, and any stay or setting aside is an exceptional intervention that does not negate the binding nature of the original order.
He therefore therefore stressed that all subsisting court orders whether interim or final must be respected and implemented in full, warning that compliance with judicial authority is mandatory and not discretionary.
The committee further warned that it remains vigilant and ready to defend constitutionalism and the rule of law, including through peaceful civic mobilisation, should compliance with lawful court orders be threatened.
“The rule of law must prevail not selectively, not conveniently, but consistently and without exception,” the statement concluded.
Meanwhile, Chimwendo has withdrawn the bail application as is out detention.
The Malawi Congress Party (MCP) Secretary General was arrested on December 12, 2025 for allegedly attempting to kill Frank Chiwanda in 2022 in Dowa.