High Court Judge Mzonde Mvula yesterday adjourned to Wednesday, December 24 the hearing of Malawi Congress Party (MCP) secretary general Richard Chimwendo Banda’s bail application.
He applied for bail, pending trial but before the application was heard, the State, through Senior State Advocate Luckia Japhali asked the court to adjourn the matter to allow them to go through the application.
Japhali argued that in the application there was no indication of urgency, meaning they needed at least two weeks to respond as per requirement.
She said that would allow them time to consult before responding.
But Chimwendo Banda’s lawyer George Jivason Kadzipatike objected to the application by the State to have the matter adjourned.
He said his client’s prayer needed to be heard, arguing he is traumatised since he is surrounded by police officers while receiving medical attention.
In his ruling, Mvula directed that the State should make written response by Monday, and that he will hear the bail application on Wednesday at 10am.
Judge Mvula also asked the State to indicate in their response when they intend to formally charge Chimwendo Banda.
Speaking outside the court, Kadzipatike said he was satisfied with the directions given by the court, adding that they are looking for the court’s assistance.
“We brought an application for bail on behalf of Honourable Richard Chimwendo Banda. Before we started presenting our application, the State had their preliminary application. They applied that the matter should be adjourned because they had not filed their response. We wanted to have assistance from the court. So, whatever direction we get from the court is satisfactory to us,” said Kadzipatike.
Kadzipatike, who is also MCP’s legal adviser said Chimwendo Banda is still in hospital following some tests that were conducted on Thursday, whose outcome is yet to be communicated to them.
“Since our client is still at the hospital, the direction that the court made at the end is that our client should remain in custody so I wanted the court to clarify and the clarification has been given that as long as he is unwell, he has to be in the hospital,” added Kadzipatike.
Chimwendo Banda, who is also Dowa East parliamentarian, will remain in hospital under police guard pending the ruling on bail on Wednesday next week.
He was arrested on Friday last week and he, alongside Alfred Kadula, are charged with attempted murder, an incident that is said to have happened in 2021.
When Chimwendo Banda appeared in court on Monday, chief resident magistrate Austin Banda ordered that he should be remanded to prison but was allowed to first be taken to a hospital of his choice for medical examination.
At court premises on Friday, several senior MCP officials like the party’s publicity secretary Jessie Kabwila, her deputy Ken Msonda turned up to follow the proceedings.
Earlier in the week, MCP hierarchy led by the party’s campaign director Moses Kunkuyu accused the government of engaging in political persecution, arguing that the arrests of its members are intended to divert attention from pressing national challenges.
