The Director of Public Prosecution (DPP) Masauko Chamkakala is under fire for siding with embattled Paramount Holdings Limited directors in their application to have their case dismissed for want of prosecution.
In April last year, Chamkakala controversially discontinued prosecuting a criminal case against the directors who were answering charges of making and uttering false documents to get government contracts.
The three directors are Prakash Virji Ghedia, Arvindikumar Atiti Patel and Surej Khimji Jagatiya as the first, second and third accused, respectively.
The three were being accused of offences surrounding conspiracy to utter false documents and utter a false document showing that the company is an authorized dealer of Yamaha Motorcycles in Malawi.
Despite the Legal Affairs Committee of Parliament recommended that the case be revived, Chamkakala has instead, written a supportive sworn affidavit for Paramount Holdings Limited directors to have the case discontinued, citing the six months that have lapsed.
In his affidavit, Chamkakala said that a period in excess of six months has lapsed since the discharge and “the Republic is not recommencing this matter “Wherefore the Republic prays that the court makes the necessary orders in this regard,”
However, an indigenous Malawian-owned Luthando Holdings, an interested party in the matter as a Yamaha motorcycles distributor, has swiftly made an application to the High Court of Malawi to halt the hearing of the application.
Luthando Holdings is seeking a judicial review of the DPP’s decision not to prosecute the case after the Legal Affairs Committee of Parliament recommended the revival of the matter in court.
Luthando Holdings lawyer Jefferson Luwa argues that a discontinuance can only be effectual if the parliamentary committee accepts it because the powers that Section 99 (3) of the Constitution grants to the DPP end with him justifying the decision to the committee within 10 days.
The charges in the discontinued case accused the three of making false document contrary to section 353 of the penal code as a second count.
“Prakash Virji Ghedia, Arvindikumar Atiti Patel and Surej Khimji Jagatiya and Paramount Holdings Limited on or about August, 2020, being Directors of Paramount Holdings Limited in Malawi and the company itself conspired to make false document and utter a false document showing that the company is an authorized dealer of Yamaha Motorcycles in Malawi,” reads part of the summon
The third count surrounds uttering false document contrary to section 360 of the penal code.
Reads the third count in part: “…on or about August, 2020, being Directors of Paramount Holdings Limited in Malawi and the company itself uttered a false document to Ministry of Education, Ministry of Local Government, Ministry of Health, Kamuzu University of Health Sciences, UNC Project and Jphiego to win tenders for the supply of motorcycles showing that Paramount Holdings is an authorized dealer of Yamaha Motorcycles in Malawi on behalf of Yamaha Company Limited.”
In February 2023, Attorney General Thabo Chakaka Nyirenda told this publication that Paramount Holdings Limited was being investigated over the forgery of documents relating to supplying motorcycles
He clarified that criminal investigations against Paramount Holdings were still ongoing relating to the forgery of documents which the accused company used to tender for a business of supplying motorcycles.
A few years ago, Capital Hill suspended Paramount Holdings and other companies following serious allegations of various procurement-related crimes that the companies committed.
