BLANTYRE-(MaraviPost)-Human rights advocate Edward Kambanje has commented on the High Court order directing the release of Richard Chimwendo Banda, noting that while the decision must be respected as a lawful exercise of judicial authority, it also invites broader reflection on fairness and equality within Malawi’s justice system.
He emphasizes that justice, in principle, is founded on impartiality and fairness.
However, in reality, legal systems operate within societies marked by economic and social inequalities, which inevitably affect how justice is accessed and delivered.
According to Kambanje, individuals with financial resources and political influence often experience the law as a process that responds quickly to their claims.
They are able to secure legal representation promptly and assert their rights without prolonged delay.
In contrast, the poor and marginalized frequently encounter the law in its harshest form.
Many are arrested and placed on remand, not because they have been found guilty but because they lack the means to meet bail conditions or obtain effective legal representation.
Kambanje points out that selective justice is not an abstract concept but a daily reality in Malawi’s prisons.
Remand facilities are overcrowded with individuals who have spent months or even years awaiting trial, their cases stalled by systemic delays.
He argues that this situation raises serious constitutional concerns, particularly regarding the right to a fair and speedy trial. Prolonged detention without timely judicial review amounts to punishment without conviction.
The advocate questions the position of the courts on the thousands of other detainees whose cases do not attract public attention or legal urgency.
He asks why swift judicial intervention appears reserved for high-profile cases.
Kambanje warns that a justice system perceived to favor the powerful over the powerless risks losing public trust.
When citizens believe that justice is unevenly applied, confidence in the rule of law is significantly weakened.
He stresses that legality alone is not sufficient to sustain the moral authority of the courts.
Justice must also be seen to be fair, consistent and accessible to all, regardless of social or political status.
Kambanje calls for a justice system that applies the law with equal urgency and compassion to every citizen.
Only by addressing the plight of ordinary remandees can Malawi move closer to a system of justice that is truly equitable and credible.
