S (On Application of Richard Chimwendo Banda) v Director of Public Prosecutions & The Inspector General of the Malawi Police Service (Judicial Review No. 01 of 2026) [2026] MWHC 1 (14 January 2026)

ee i? High C alawij & ig JAN 2028 REPUBLIC OF MALAWI f16n District IN THE HIGH COURT OF MALAWI i CIVIL DIVISION LILONGWE DISTRICT REGISTRY JUDICIAL REVIEW NO. 01 OF 2026 [Before Honourable Justice Kenyatta Nyirenda ] BETWEEN: THE STATE [ON THE APPLICATION OF HON. RICHARD CHIMWENDO BANDA] ........s.seseeeeeeeeeeeeeeee CLAIMANT. AND ; THE DIRECTOR OF PUBLIC PROSECUTIONG...............-15' DEFENDANT THE INSPECTOR GENERAL OF THE MALAWI POLICE SERVICE.........2..222:022000s000-2NP DEFENDANT ORDER GRANTING PERMISSION FOR JUDICIAL REVIEW AND INTERIM RELIEFS UPON hearing Counsel for the Claimant; AND _ UPON reading the Sworn Statement of HON. RICHARD CHIMWENDO BANDA filed in support of the application, together with the Grounds of the Application for Judicial Review; IT Is HEREBY ORDERED AND DIRECTED as follows:

1. Permission for Judicial Review THIS DOCUMENT HAS BEEN PREPARED AND FILED BY JIVASON AND COMPANY LEGAL PRACTITIONERS, HOUSE NO 157, AREA 15 , OFFPAUL KAGAME ROAD FROM RIVERSIDE HOTEL, P /BAG B387 , LILONGWE 3 ,MALAWI ,PHONE : 0999680850, E-MAIL: [email protected] 1|Page

Permission to apply for Judicial Review against the Respondents’ acts and omissions in detaining and continuing to detain the Claimant beyond the mandatory statutory remand period prescribed under section 161E of the Criminal Procedure and Evidence Code BE AND IS HEREBY GRANTED.

2. Permission to Operate as Interim Relief Subject to the hearing interpartes hearing to be held on 23" January, 2026 at 2 o’clock in the afternonn, the grant of permission for Judicial Review SHALL OPERATE AS INTERIM RELIEFS particularized as follows: a) Stay of Remand Warrant The operation and execution of the Remand Warrant issued by the Chief Resident Magistrate’s Court at Lilongwe on 15 December 2025 against the Claimant BE AND IS HEREBY STAYED pending the hearing and determination of the said interpartes application for interim reliefs. b) Immediate and Unconditional Release

Pending the hearing and determination of the said interpartes application for interim reliefs, the Claimant SHALL BE IMMEDIATELY AND UNCONDITIONALLY RELEASED from custody, the continued deprivation of his liberty being unlawful, unconstitutional, and in violation of his fundamental rights, including his right to personal liberty and due process of law.

c) Restriction on Commencement of Criminal Proceedings

Pending the hearing and determination of the said interpartes application for the interim reliefs, any criminal proceedings whatsoever, whether instituted or intended to be instituted against the Claimant, whether arising from the same factual matrix or any other factual matrix, SHALL BE COMMENCED BY WAY OF SUMMONS ‘THIS DOCUMENT HAS BEEN PREPARED AND FILED BY JIVASON AND COMPANY LEGAL

PRACTITIONERS, HOUSE NO 157, AREA 15, OFFPAUL KAGAME ROAD FROM RIVERSIDE HOTEL, P /BAG B387 , LILONGWE 3 MALAWI ,PHONE : 0999680850, E-MAIL: [email protected] 2|Page

ONLY, and NOT by arrest and/or detention, in accordance with section 84 of the 7 Criminal Procedure and Evidence Code, unless otherwise authorised by this Court upon good cause shown. d) Injunction Against Arrest An Order of Injunction is hereby issued restraining the Respondents, whether by themselves, their agents, officers, or any person acting under their authority or control, from effecting, procuring, or causing the arrest or further arrest of the Claimant on any charge whatsoever, pending the hearing and determination of said interpartes application for interim reliefs. e) Injunction Against Unlawful Disclosure An Order of Injunction is hereby issued restraining the Respondents, whether by themselves or through officers or agents acting under their authority or control, from disclosing, publishing, or causing to be disclosed any information relating to the arrest, intended arrest, or criminal process concerning the Claimant, save as is strictly necessary for lawful judicial proceedings or as otherwise required by law.

3. Case Management Expedited Hearing of Substantive Judicial Review The substantive judicial review proceedings SHALL BE HEARD on an expedited basis, and accordingly it is directed as follows: a) The Defendants should file their respective defences, if any, within 7 days from the date hereof. THIS DOCUMENT HAS BEEN PREPARED AND FILED BY JIVASON AND COMPANY LEGAL PRACTITIONERS, HOUSE NO 157, AREA 15, OFFPAUL KAGAME ROAD FROM RIVERSIDE HOTEL, P /BAG B387 , LILONGWE 3 MALAWI ,PHONE : 0999680850, E-MAIL: [email protected] 3|Page

b) The hearing of the judicial review is scheduled to take place on 30" January, i 2026 at 9 o'clock in the forenoon. f) PENAL NOTICE TAKE NOTICE that any person, authority, or officer who knowingly disobeys or fails to comply with this Order, or who aids, abets, counsels, or procures its breach, shall be liable to be proceeded against for contempt of court, and may be punished by imprisonment, fine, or both, in accordance with the law. ~ a

4. Dated the . SSK... Day cami an \Wwo” JUDGE/REGISTRAR THIS DOCUMENT HAS BEEN PREPARED AND FILED BY JIVASON AND COMPANY LEGAL PRACTITIONERS, HOUSE NO 157, AREA 15 , OFFPAUL KAGAME ROAD FROM RIVERSIDE HOTEL, P /BAG B387 , LILONGWE 3 MALAWI ,PHONE : 0999680850, E-MAIL: [email protected] 4|Page