Attorney Gener a l Frank Mbeta said lawyers for the applicant and the State have agreed to withdraw the judicial review case in which Malawi Congress Party (MCP) secretary general Richard Chimwendo Banda challenged the State’s acts and omissions in detaining and continuing to detain him beyond the mandatory statutory remand period.
Mbeta said this yesterday after appearing before Justice Kenyatta Nyirenda in the High Court (Civil Division), where he was prepared to challenge the application for judicial review.
He said lawyers for the State and the applicant have agreed to sign a consent order to withdraw the case from the Civil Division and allow it to continue in the High Court (Criminal Division).
Mbeta added that the case was adjourned to allow the parties to sign the consent order, which would result in the discontinuation of the matter in the Civil Division.
“In the papers we filed to discharge the application for judicial review, our position is that this matter was not supposed to be heard in the Civil Division because a similar application was already before the Criminal Division of the High Court. The lawyers for the applicant have indicated that they appreciate this position, and if they are willing to withdraw the matter through a consent order, that is acceptable to us,” said Mbeta.
He added that at an appointed time, lawyers from both sides will sign the consent order after which the matter will be withdrawn from the High Court (Civil Division) and continue in the Criminal Division.
In an interview yesterday, Ch i mwe n d o Ba n d a ’s lawyer George Kadzipatike confirmed that lawyers from both sides are, indeed, in discussions.
“Indeed, there are talks between us and the Attorney General and once we agree on the terms, the judicial review application will be withdrawn so that we can concentrate on the criminal matter,” said Kadzipatike.
Chimwendo Banda was arrested in December last year on allegations that he intended to murder Frank Chiwanda.
He was detained for 33 days before High Court Judge Kenyatta Nyirenda ordered his immediate release and granted him permission to apply for judicial review.
On January 20 , Chimwendo Banda was yet again granted unconditional bail by Judge Mzonde Mvula who was hearing the case after it was referred from the Magistrate’s Court.
