High Court of Malawi Criminal Division Judge Mzonde Mvula yesterday granted bail to Malawi Congress Party (MCP) secretary general Richard Chimwendo Banda despite that he had withdrawn his bail application. Mvula said he unconditionally “released” Chimwendo Banda who was ironically out on bail granted by High Court Civil Division Judge Kenyatta Nyirenda last week. Chimwendo Banda withdrew his case shortly after Nyirenda ordered his immediate release pending hearing and determination of his judicial review application challenging the State’s “acts and omissions” in detaining and continuing to hold him beyond the mandatory statutory remand period.
In his ruling yesterday, Mvula, who had heard the application on Christmas Eve, also ordered the State to avail themselves to committal proceedings before the Chief Resident Magistrate’s Court which issued the warrant of arrest, within 14 days. “(c)…serve disclosures on the arrested persons the warrants to these proceedings are directed at, within 60 days of this order; (d) proceed for plea and directions on 31st March 2026,” reads Mvula’s orders in part. On Chimwendo Banda’s withdrawal of bail application, Mvula said criminal proceedings are instituted by the Republic through the Director of Public Prosecutions (DPP) under Section 76(1) of the Penal Code, as such they end either by entry of discontinuance under Section 77(1) of the code or court judgement under Section 139 and 140 of the same.
Thus, he said withdrawal of an application by the applicant, does not end proceedings. He said: “In this regard, while the court has taken judicial notice of withdrawal, the same should be informed to the party, especially if it will have adverse effects on the party making it. Substantial justice should be done without undue regard to technicality.
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“Technicality will cause knee jerk reaction to the party moving, and boomerang to haunt. This court has discretion to grant reliefs akin to bail in meri motu, subject to the interests of justice.” Chimwendo Banda is accused of attempting to murder Frank Chawanda in February 2021 and has been on remand at Maula Prison in Lilongwe since December 29 2025, after being discharged from hospital. Meanwhile, the State has initiated a process to have Chimwendo Banda and his co-accused Alfred Dala Kadula committed to the High Court to face trial.
Director of Criminal Litigation Dzikondianthu Malunda yesterday confirmed that the State has filed for committal and is waiting for the Chief Resident Magistrate’s Court to set date for committal proceedings. Chimwendo-Banda’s lawyer George Kadzipatike said the defence will attend the matter once it has been summoned, adding that he needed to follow up on his client’s health.
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