Five MCP top brass left in legal limbo as court cases crawl
- Chimwendo Banda, Kunkuyu, Chithyola, Kabwila and Mumba all face charges, and one watchdog says the delays are putting justice on trial too.
Five of the biggest names in the Malawi Congress Party are caught up in court cases that are going nowhere fast, and the National Advocacy Platform (NAP) wants them moved along before public faith in the justice system is lost.
The list reads like a who’s who of the opposition.
Party secretary general Richard Chimwendo Banda, campaign director Moses Kunkuyu, Leader of the Opposition Simplex Chithyola Banda, publicity secretary Jessie Kabwila and Vitumbiko Mumba, who ran as Lazarus Chakwera’s running mate in the 2025 elections, all face charges.
Chimwendo Banda, along with co-accused Alfred Dala Kadula, is charged with attempting to murder Frank Chiwanda over an alleged incident in February 2021.
Kunkuyu faces a charge of inciting violence at the funeral of former First Deputy Speaker of Parliament Madalitso Kazombo.
Mumba and Kabwila are accused of addressing a press conference, dubbed “we got this”, in which they allegedly claimed electoral fraud by the then opposition Democratic Progressive Party before the Malawi Electoral Commission announced the official presidential results for the September 16 General Elections.
Chithyola is answering charges of abuse of office over Greenbelt funds.
Where things stand
Ministry of Justice spokesperson Frank Namangale says Chimwendo Banda’s case is scheduled for committal on November 19, 2026.
The cases involving Kunkuyu and Chithyola are waiting for hearing dates.
The Kabwila and Mumba case is waiting for a ruling on an application for a constitutional referral, and the court has yet to set a hearing date.
“It is a normal pace,” said Namangale.
Campaigners not convinced
Kondowe disagrees. He says the pace should be judged on court records, not arrest dates, and warns that long inactivity or repeated adjournments without good reason could raise questions about investigative readiness, prosecutorial diligence and case management.
“Section 42(2)(f)(i) of the Constitution guarantees trial within a reasonable time after charge,” he said.
He argues that long trials pile uncertainty, reputational damage and financial strain on the accused, and could erode public confidence in the courts.
“Justice must neither be rushed at the expense of due process nor allowed to stagnate; the accused, complainants and public deserve an impartial determination within a reasonable time,” he said.
Lawyer for the accused George Kadzipatike did not comment.
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