Malawi Court Orders MCP Secretary General To Seek Medical Attention Before Remand

By Smile Hamilton Malawi

The Lilongwe Chief Resident Magistrate’s Court, presided over by Austin Banda, has ordered Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda to first seek medical treatment before being sent to prison to await transfer of his case to the High Court.

State prosecutor Prescott Mwayiulipo told the court that Chimwendo Banda and Alfred Dallah Kadula are accused in connection with an attempted murder case involving Frank Chawanda, which allegedly occurred in 2021.

“The State is applying that the two accused persons be remanded in custody as this court has no jurisdiction to handle murder-related cases,” said Mwayiulipo.

He added that it was necessary for the suspects to wait in prison until the matter is formally committed to the High Court.

However, defence lawyers George Kadzipatike, Khwima Mchizi and Silvester Ayuba James opposed the continued detention of Kadula, saying the High Court had already barred police from further arresting him.

“There is a standing order from the High Court restraining the police from further arresting Mr Kadula, and it would be improper to keep him in custody,” Kadzipatike told the court.

The defence also asked the court to allow Chimwendo Banda to seek medical treatment, saying his health had worsened while in custody.

“Our client is unwell and requires immediate medical attention at a hospital of his choice,” said Khwima Mchizi.

They said once Chimwendo Banda recovers, the court can proceed with committing him to prison pending the High Court hearing.

“After receiving medical care, the court can then make arrangements for his committal as the matter moves to the High Court,” Silvester Ayuba James said.

In his ruling, Magistrate Austin Banda said the court would prioritise the health of the accused.

“The court orders that Mr Chimwendo Banda should first be taken for medical treatment before any prison remand,” Banda said, adding that he could not make a detailed determination regarding Kadula’s matter at this stage.