LILONGWE-(MaraviPost)-The country’s Human Rights Conservative Committee (HRCC) has raised serious alarm over the continued detention of former Minister of Homeland Security, Richard Chimwendo Banda, describing the situation as a blatant violation of constitutional and human rights principles.
In an interview with The Maravi Post, HRCC Chairperson Robert Mkwezalamba observed that Banda who is also opposition Malawi Congress Party (MCP) Secretary General has been in custody for more than three weeks without being formally charged or subjected to a full trial, a development the organisation says is contrary to the law.
Mkwezalamba reminded authorities that the Constitution requires any arrested person to be brought before a court of law within 48 hours, a safeguard meant to protect citizens from arbitrary arrest and detention.
According to HRCC, the 48-hour rule was never intended to be a mere procedural formality where suspects are simply paraded before the courts without meaningful judicial action.
Instead, the rights body said the law envisages that law enforcement agencies should use this period to conduct thorough investigations and be ready to present evidence that justifies continued detention.
Mkwezalamba argued that the failure to formally charge MCP Secretary General Banda after such a prolonged period suggests that the State lacks sufficient evidence or lawful grounds to keep him in custody.
HRCC acknowledged that the police may be acting under a court-issued remand order but stressed that the State remains responsible for ensuring that justice is not abused through prolonged detention without trial.
HRCC warned that such practices risk eroding public trust in the justice system and could create a dangerous precedent where individuals are deprived of their liberty without due process.
The organisation has since called upon the Chief Justice to intervene in the matter in the interest of justice and to ensure that Honourable Banda’s constitutional rights are fully protected.
HRCC further questioned the fairness of the ongoing investigations, noting that Honourable Banda is reportedly being investigated alongside another suspect who is freely moving in public.
According to the committee, the unequal treatment of suspects raises serious concerns about selective justice and equality before the law.
HRCC has therefore urged authorities to urgently revisit the matter, either by formally charging Banda with credible evidence or by releasing him, stressing that respect for human rights must remain paramount.
On Sunday, Chimwendo Banda’s lawyer Divason Kadzipatike expressed worrisome over his client’s deteriorating health in Maula Prison.
