The Malawi Law Society (MLS) has joined a judicial review case of the action of Director of Public Prosecution (DPP) Masauko Chamkakala to discontinue the case involving Paramount Holdings Limited directors.
High Court Judge Kenyatta Nyirenda has formally admitted MLS to join proceedings as Amicus Curiae, helping the court interpret the balance of power between the DPP and Parliament’s Legal Affairs Committee.
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 of supplying Yamaha
The three directors are Prakash Virji Ghedia, Arvind kumar Atiti Patel and Surej Khimji Jagatiya as the first, second and third accused, respectively.
They 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.
Following the discontinuous, the directors, through their lawyers TD and Partners, applied for discharge, which Chief Resident Magistrate Austing Banda granted despite a challenge from Luthando Holdings Limited.
When Luthando Holdings applied for a judicial review of the DPP’s action in the High Court, it was denied by High Court Judge Msiska.
In July this year, the Supreme Court of Appeal judge Dingiswayo Madise faulted the High Court’s decision and ordered that a substantive judicial review application shall be before a different judge in the general division of the High Court within 60 days.
“In this matter there are clear triable issues which borders on the exercise of discretion of the DPP and the powers vested in him under section 99 (1) of The Republican Constitution.
“The applicants have made serious allegations against the DPP in 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. We therefore grant permission to the applicants to move for judicial review against the decision of the DPP to discontinue the above cited criminal matter,” reads part of the ruling delivered on July 7 2025.
Lawyer for Luthando Holdings Limited, Jefferson Luwa, had argued that as the complainant, his client 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.
Despite the Legal Affairs Committee of Parliament recommending 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.”
On June 27, 2025, the Chief Resident Magistrate Court sitting in Lilongwe discontinued a case in which the directors of Paramount Holdings Limited and the company were facing different charges of forgery and altering false documents to get government contracts as authorised dealers of Yamaha motorcycles in Malawi.
The Court further barred the State from pursuing the issue.
Arrested in July 2021, the three are Prakash Virji Ghedia, Arvindikumar Atiti Patel and Surej Khimji Jagatiya. The charges in the discontinued case accused the three of making false documents 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 a false document and utter a false document showing that the company is an authorised dealer of Yamaha Motorcycles in Malawi,” reads part of the summons
The third count surrounds uttering a 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.”
Before their arrests, Paramount Holdings Limited was monopolising the supply of Yamaha Motorcycles in the government and organisations, using the said ‘false document’.
In 2023, Attorney General Thabo Chakaka-Nyirenda confirmed that criminal investigations against Paramount Holdings Limited were still on-going and if found guilty, the company would be debarred from participating in public procurement in Malawi.
This was after Capital Hill suspended Paramount Holdings Limited and other companies following serious allegations of various procurement-related crimes that the companies committed.
Chakaka-Nyirenda was also waiting for the outcome of the case to decide whether to debar the company from participating in public procurement in Malawi.
“I have been informed that the case is ready for trial. A guilty finding against Paramount Holdings Limited may also affect Paramount Holdings Limited’s eligibility to participate in public procurement.” In 2024, Chakaka Nyirenda wrote to Malawi’s Deputy Ambassador to Japan Joseph Chikwemba.
This was after Chikwemba wrote to the Attorney General inquiring about the status of Paramount Holdings Limited in Malawi because the company was still operational and still claiming that is it a sole distributor for Japanese-based Yamaha Motor Company.
“This week, local media also reported that Paramount Holdings has been appointed by Yamaha Motor Company as the only recognised distributor for the Asian giant company after a rigorous process,” reads part of the letter dated January 24, 2024.
“The mission [Malawi Embassy in Tokyo] wishes to report that Mr. Akira Sakaki of Yamaha Motor Co. LTD who is in charge of Malawi, has confirmed that neither Yamaha Motor Headquarters nor Yamaha Distributors South Africa recognises the two dealership letters possessed by Mr. Prakashu Ghedia as Yamaha’s official documents. Moreover, Yamaha distributors South Africa has no authority to appoint Yamaha dealer of Yamaha motorcycles in Malawi. Mr. Sakaki further verified Yamaha Motor has only one distributor in Malawi-Stansfield Motors Limited,” reads one of the correspondences.
However, since their arrests, the case has never seen the light of the day, as government was reluctant to prosecute it.
Luthando Holdings officials pose with First Lady Monica Chakwera, after donating to her foundation
This forced a competitor, Hendrix Laher, director of Luthando Holdings Limited, to apply to the Director of Public Prosecution (DPP) Masauko Chankakala to prosecute the case, which consent was granted on 8th February 2023.
Since the issue started, Luthando Holdings, owned by an indigenous Malawian, has been benefiting from Yamaha Motorcycles contracts.
Recently, the National Economic Empowerment Fund (NEEF) awarded a contract to the company to supply 100 motorcycles with a total value of K2.1 billion. Their interest in the outcome of the case was obvious.
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.
Despite the Legal Affairs Committee of Parliament recommending 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, the magistrate court ruled in favour of Paramount Holdings Limited directors and Chamkakala.
As the lower court was handling the matter, Luthando Holdings applied to the High Court for 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 argued 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 case brought mixed reaction from the general public, with civil society organizations questioning the rationale behind its discontinuance.
Youth and Society (YAS) wrote Chimkakala demanding an update regarding the discontinued criminal proceedings against directors of Paramount Holdings Limited.
In a letter dated June 16, 2025, YAS has demanded a detailed account of the actions the DPP’s office has taken in response to the Legal Affairs Committee’s resolution.
“At this meeting, the Committee expressly rejected the discontinuance of Criminal Case Number 868 of 2023, citing insufficient justification and unresolved questions surrounding the authenticity of the dealership documents submitted by Paramount Holdings.
“The Committee’s resolution was unambiguous: the case must be reinstated within 30 working days, with the expectation that the Court, not the Executive, should determine the matter on its merits.
“As a watchdog organization committed to the rule of law, accountability, and justice, Youth and Society (YAS) is gravely concerned that, 12 months after the lapse of the 30-day period, there has been no public communication, action, or indication that your office has respected and acted upon the Committee’s resolution,” reads part of the letter signed by YAS executive director Charles Kajoloweka.
He added; “Mr. Chimkakala, the integrity and public confidence in your office rest on the transparent and principled execution of your prosecutorial duties. A failure to act on this matter, in spite of clear parliamentary oversight and direction, would constitute a dangerous precedent, undermining both the fight against corruption and the public’s trust in justice institutions.”
The discontinuous of this contentious case, means that Paramount Holdings Limited and its directors are free to bid for public Yamaha Motorcycles contracts, however, the company’s status as Malawi’s sole agent for Yamaha Motor Co. LTD remains unresolved.
On October 18, 2024, lawyerAlexious Kamangiladelivered a live broadcast that sparked crucial discussions about judicial corruption in Malawi. His direct accusations against several judges and lawyers have not only unveiled serious allegations but also resonated with a public increasingly demanding accountability and reform within the legal system.
He cited delayed cases and summary judgments for cases that should have been defended as indicators of possible corruption.
Lawyers for Luthando Holdings Limited have told the court that Director of Public Prosecutions (DPP) Masauko Chamkakala sidelined them on his intention to discontinue a case against Paramount Holdings Limited directors.
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.
They 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.
The directors, through their lawyers TD and Partners, on Thursday appeared in court to formally apply for the discontinuance of the forgery case for want of prosecution.
Their application was supported by a sworn affidavit from Chamkakala.
In objection to the application, lawyer for 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.
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,”
Chief Resident Magistrate Court Austing Banda will make a ruling on the matter on June 27 2025.
Earlier Thursday, 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.
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.
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.
Civil Society Organizations (CSOs) have called on President Lazarus Chakwera to remove Director of Public Prosecution (DPP) Masauko Chamkakala from his position, accusing him of abusing office.
The call comes a few days after Chimkakala discontinued a case in which Vice President Saulos Chilima was accused of having received an unspecified sum of money from businessman Zuneth Sattar to allegedly influence public contracts in his favour.
He was arrested in November 2022 after being named among 84 individuals suspected to have received bribes from Sattar, according to a report the Anti-Corruption Bureau (ACB) submitted to Chakwera in 2022.
Speaking today on Wednesday, National Advocacy Platform (NAP) chairperson Benedicto Kondowe who spoke on behalf of the organizations expressed disappointment that the DPP has been discontinuing criminal proceedings of highly profile politicians before judgment without explanations.
“The Director of Public Prosecution has failed and we need him fired. We underscore that while prosecutorial discretion is crucial, it must operate within legal boundaries and serve the interests of justice. Transparency and accountability are essential to maintain public trust in the DPP’s office. Therefore, discontinuance powers require thorough scrutiny to prevent abuse or manipulation of the legal process.
The misuse of discontinuance powers by the DPP undermines anti-corruption efforts, allowing wrongdoers to evade consequences and fostering a culture of impunity. This erodes public trust in the justice system, affecting perceptions of fairness and discouraging investment.
“The development partners, witnessing such lapses in accountability, may view the country as high-risk for their investments and aid initiatives, potentially leading to reduced support and cooperation. Ultimately, this poses a threat to the nation’s integrity, development, and adherence to the rule of law,” said Kondowe who was accompanied by Youth and Society (YAS) executive director Charles Kajoloweka and Centre for Social Accountability and Transparency (CSAT) director Willy Kambwandira among others
The CSOs have proposed an amendment of the legislation to clarify and strengthen the limitations on DPP powers to discontinue cases, establishment of an independent body to oversee and scrutinize prosecutorial decisions, enhance transparency and accountability and have called on the President to exercise his authority as outlined in section 102 (2) (b) of the Constitution to evaluate the current DPP in light of serious concerns regarding impartiality and performance of his duties.
Further, the CSOs have demanded an investment in training and capacity-building for prosecutors to ensure they adhere to the highest legal and ethical standards when making decisions, launch of public awareness campaigns to educate citizens about their rights and emphasize the judicial integrity necessary to combat corruption and that within 14 days, ACB should, update Malawians on its position regarding the discontinued cases and disclose the amount of money spent on investigating and prosecuting these matters.
Recently, the DPP also dropped cases against Directors of Paramount Holdings Ltd who were facing charges related to government procurement deals, the treason case against former vice president Dr. Cassim Chilumpha (now resuscitated), a case against former president Bakili Muluzi who was accused of theft of K1.7 billion.
Additionally, the DPP halted proceedings in The State v Directors of Mapeto David Whiteheads & Sons, a K16.5 billion tax evasion case, as well as the Anderson Mwakiyeru cases.
