By Chisomo Phiri
The Attorney General (AG) Frank Mbeta on Wednesday filed a preliminary application in the High Court’s Civil Division in Lilongwe, seeking to discharge the leave granted to Malawi Congress Party (MCP ) Secretary General (SG ) Richard Chimwendo Banda to commence judicial review proceedings and to set aside all interim reliefs issued in his favour.
The move follows the appointment of the AG by the Inspector General (IG) of the Malawi Police Service (MPS ) Richard Luhanga and the Director of Public Prosecutions (DPP) Fostino Maere to contest a High Court Civil Division order that allowed Chimwendo Banda to challenge his detention through judicial review.
An inter partes hearing on the matter is scheduled for today January 23, 2026.
In a sworn statement, the AG argues that Chimwendo Banda failed to exhaust alternative remedies available to him before approaching the Civil Division.
He contends that the claimant could have invoked habeas corpus, a legal remedy specifically intended to summarily challenge unlawful detention.
“This remedy is designed for liberty grievances and is more appropriate than judicial review,” says the AG .
He further notes that Chimwendo Banda had already applied for bail in the High Court’s Criminal Division, which was expected to deliver its ruling on January 20, 2026.
The AG argues that an unfavourable ruling could have been appealed to the Supreme Court.
The AG also accuses Chimwendo Banda of suppressing material facts from the Civil Division.
He points out that the claimant did not disclose a Notice of Delivery of Ruling issued by the Criminal Division on January 13, 2026, confirming that the bail ruling would be delivered on January 20.
Mbeta says instead, Chimwendo Banda approached the Civil Division on January 14 to seek judicial review without revealing this information.
In urging the court to discharge the judicial review order, the AG further reminds the court that Chimwendo Banda had also approached the Supreme Court, where he was returned.
He argues that moving between the High Court’s Criminal and Civil Divisions, as well as the Supreme Court, amounts to an abuse of court processes, especially as the claimant was properly before the Criminal Division.
Chimwendo Banda is currently facing a charge of attempted murder.
