Proceedings in the Lilongwe Chief Resident Magistrate’s Court yesterday revealed that Director of Public Prosecutions (DPP) Masauko Chamkakala sidelined the complainant, Luthando Holdings, on his intention to discontinue a case against Paramount Holdings Limited directors.
Through their lawyers from TF and Partners, Paramount Holdings appeared in court yesterday to formally apply for the discontinuance of the forgery case for want of prosecution. Their application was supported by a sworn affidavit from Chamkakala.
The matter was heard in chambers with the DPP represented by senior State advocate Papano Kamwendo who told the court that she was instructed not to object to the application for dismissal.
In an interview after the hearing, one of the lawyers for indigenous Malawian-owned and Yamaha motorcycles dealer Luthando Holdings Limited, Jefferson Luwa, said they raised preliminary objections and highlighted the fact that the complainant was not aware of the DPP’s actions.
“The DPP is unwilling to prosecute the matter and the complainant learnt about this in court. The complainant is a key party in the proceedings and there cannot be criminal proceedings without the complainant,” he said.
Chamkakala had previously discontinued the case, but the Legal Affairs Committee of Parliament, then chaired by Peter Dimba now Minister of Labour, met the DPP on May 21 2024 and wrote a letter through Clerk of Parliament Fiona Kalemba seeking to have the case revived.
After 13 months of the DPP’s inaction on the matter, Paramount directors moved the Chief Resident Magistrate Court in Lilongwe on May 30 2025 seeking discontinuance for want of prosecution, citing Section 77 of the Criminal Procedure and Evidence Code (CP&EC).
Kamwendo refused to comment and referred The Nation to Ministry of Justice spokesperson Frank Namangale.
Lawyers for Paramount Holdings were not available for comment. However, in an earlier interview, Senior Counsel Marshall Chilenga, representing Paramount Holdings, said there had been no recommencement of the action after the discontinuance.
Details of the case, according to the charge sheet, are that three directors of Paramount Holdings Limited in August 2020 made a false document showing that Paramount Holdings was an authorised dealer of Yamaha motorcycles in Malaŵi on behalf of Yamaha Motor Company Limited of Japan when the same was not true.
The three directors are identified as Prakash Virgi Ghedia, Arvindkumar Atit Patel and Suresh Khimji Jagatiya. They are accused, along with Paramount Holdings, of three charges related to government procurement deals, notably 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.
Earlier yesterday, lawyers for Luthando Holdings also applied at the High Court for a judicial review of the DPP’s decision not to prosecute the case. Judge William Yakuwawa Mshisha is yet to make a determination on the application.
