Malawi Supreme Court of Appeal has given Luthando Holdings Limited permission to start judicial review proceedings on the discontinuance of a criminal case against directors of Paramount Holdings.
Justice of Appeal Dingiswayo Madise, in a ruling dated July 7 2025, said there was a clear case on the exercise of the discretion and the powers vested in the Director of Public Prosecutions (DPP) under Section 99(1) of the Constitution.
He said: “The applicants have made serious allegations against the DPP in the exercise of his powers to discontinue a criminal matter. These issues can only be ventilated and investigated in a substantive judicial review application.
“The judge below erred in refusing to grant permission to the applicants to move for judicial review. In these premises, we find that this fresh application before this court has merits.”
Madise, who heard the matter as a single appeal judge, further directed that the judicial review application be heard by a different judge in the High Court of Malawi’s General Division within 60 days.
The decision has overturned a High Court ruling made a week ago, which had denied Luthando Holdings, a local franchise dealer of Yamaha motorcycles, permission to start judicial review.
In an interview, one of the lawyers for Luthando Holdings, Jefferson Luwa, said: “The claimants will now file the necessary processes in the High Court before the judge who will handle the matter and that Judge will give necessary directions going forward.”
Last week, the Lilongwe Chief Resident Magistrate’s Court acquitted Paramount Holdings Limited directors in the case where they were accused of making a false declaration in a procurement contract.
They were charged with conspiracy to commit a felony contrary to Section 404 of the Penal Code, making a false document contrary to Section 353 of the Penal Code and uttering a false document contrary to Section 360 of the Penal Code. This stemmed from proclaiming that their company was an authorised dealer of Yamaha motorcycles in Malawi.
In a determination dated June 27, the court observed that six months had elapsed after the DPP filed a certificate of discontinuance.
DPP Masauko Chamkakala had discontinued the case in March last year. This was before the Legal Affairs Committee of Parliament met him on May 21 2024 and recommended revival of the case.
