By The Forum

The Supreme Court of Appeal sitting in Blantyre has dismissed an appeal challenging the prison remand of Richard Chimwendo Banda, Secretary General of the former ruling Malawi Congress Party (MCP).

Delivering her ruling, Justice Dorothy Nyakaunda Kamanga said the matter had been brought before the court prematurely.

During the inter-parte hearing on Friday, state prosecutor Dzikondianthu Malunda objected to the appeal on technical grounds, including questions relating to the court’s jurisdiction.

Chimwendo Banda, who is facing an attempted murder charge, is currently on remand at Maula Prison. He is awaiting a ruling by High Court judge Justice Mzonde Mvula in Lilongwe on his bail application.

On Tuesday, January 6, 2026, Chimwendo Banda filed an urgent appeal seeking to stay a 90-day remand warrant issued on December 15, 2025. Through his lawyers, he cited alleged constitutional and procedural irregularities in the issuance of the warrant and asked the Supreme Court of Appeal to suspend its execution pending determination of the appeal.

The application also sought a court order directing that any future criminal proceedings against him be commenced by summons rather than by arrest.

One of his lawyers, George Jivason Kadzipatike, had earlier told the media that his client was being unlawfully detained and demanded his immediate release. Kadzipatike argued that the bail application before the High Court and the appeal before the Supreme Court of Appeal were separate and independent proceedings.

During the inter-parte hearing, Khwima Mchizi, who represented Chimwendo Banda, told the court that his client was unwell and required medical attention.

However, Malunda told the court that the state was ready to proceed once Chimwendo Banda’s health improved, noting that he was already receiving medical care.

“It will be inhumane to drag a sick person to court,” Malunda said.

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