When judge Mzondi Mvula promised on December 24 2025, that he would deliver his ruling on Malawi Congress Party (MCP) secretary general (SG) Richard Chimwendo Banda’s bail application, via email, it looked like judicial efficiency was quickly becoming a reality and was not just a pipe-dream. But on January 14 2026, which was 21 days later, Mvula was yet to deliver the much-awaited ruling, raising questions about whether he really meant it or whether his promise was just meant to calm the tempers. The question to judge Mvula is: Why the long delay?
What became of the constitutional principles such as the right to personal liberty and access to justice which demand that applications of this nature be determined within the shortest period? More so, also, that Chimwendo has not been formally charged. The MCP SG is accused of attempting to murder Frank Chiwanda in February 2021 and until on January 14, had been on remand at Maula Prison in Lilongwe since December 29 2025.
It is also a well-known constitutional principle that every person who has not been convicted of an offence is presumed innocent until proven guilty by a court of law. It is against this background that the Malawi Human Rights Consultative Committee on January 13 cried wolf over the prolonged delay in bail ruling, which it said raised concern over procedural fairness and judicial efficiency. Indeed, such delays not only erode public confidence in the judicial system but also create perceptions of unfairness.
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Judge Mvula’s delay in delivering bail ruling contrasts sharply with Justice of Appeal Dorothy NyaKaunda Kamanga’s ruling on the same matter earlier in the apex court, which she delivered the same day the case was heard. One wonders what Judge Mvula’s intentions and actions for holding his determination of the bail application for so long were. One cannot help but think that there was a political hand behind the whole scam.
It is, therefore, no wonder that when the matter went for judicial review, the High Court in Lilongwe wasted little time to order the immediate and unconditional release of Chimwendo. The court determined that continued deprivation of Chimwendo’s liberty was unlawful, unconstitutional and in violation of his fundamental rights, including his right to personal liberty and due process of law. Unconditional release means no bail bond, no sureties, no confiscation of travel passports and no reporting to police every now and then.
Hail Judge Kenyatta Nyirenda for this fearless and incisive determination. My man-of-the-week accolade goes to him. Guys, we are in 2026.
Let us put politics of retribution behind us. It has been pulling the country backwards for a long time. Our democracy has moved on.
If Chimwendo has a case to answer, he will not run away from it. Sooner than latter, or at the appropriate time, if there is, indeed, a case, it will go to court and the prosecution will present their evidence against him. Chimwendo will also be there to defend himself.
If government won’t bring a case against Chimwendo, he will also be at liberty to sue it for unlawful imprisonment. This is how billions of taxpayers’ money is fleeced from Account Number One. People in high positions wanting to settle personal issues using public resources. We, the taxpayers, should not smile at such things.
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