Tag Archives: Masauko Edwin Chamkakala

Law and order, Malawi, Opinion

Parley, Luthando should stop pushing DPP Chamkakala to resuscitate failed Paramount Holding’s Yamaha dealership case

Maravi Post Author

By Falles Kamanga

BLANTYRE-(MaraviPost)-On March 19, 2024, the Office of the Director of Public Prosecutions (DPP) withdrew criminal charges, which the office placed on three directors of Paramount Holdings Limited (PHL) and the company itself.

In a court notice addressing PHL directors and company, said the state had no case for them, hence withdrawing.

DPP Masauko Edwin Chamkakala hinted at that time that the state lacked sufficient evidence against PHL directors hence his office discontinued the case.

The development did not go well with Luthando Holdings and its partners who went to town mobilizing social media friends and some civil rights groupings rebuking DPP for the case withdrawal.

In the case, the claimant Hendrix Laher of Luthando Holdings accused Paramount Holdings of using forged documents to supply motorcycles to both public and private institutions which was a misleading claim considering that PHL is legally and sole distributor, and seller of Yamaha products to Malawi.

Luthando Holding has been using South Africa’s Tuning Fork (PTY) Limited illegally to win tenders by supplying Yamaha products in Malawi.

For starters, Japan Yamaha Corporation Limited has a specified list of legal dealers, distributors, importers, and sellers for a particular country. In Malawi, PHL was certified as a legal importer of Yamaha products.

Yamaha Japan in 2022 certified Paramount Holding as its sole official distributor and seller of Yamaha motorcycles and associated products.

According to Japan Yamaha dealership statutes, an agent of a different country cannot be used to supply its product to another country to avoid a monopoly of the business.

This is what Laher of Luthando Holdings has been operating by using South Africa’s Yamaha agent Tuning Fork (PTY) Limited to supply products in Malawi illegally.

Luthando’s business misconduct is against Japan Yamaha Corporation’s order to list legit dealers for its products globally: https://global.yamaha-motor.com/business/omdo/distributor/africa/

Considering all factors in this case: Luthando’s business misconduct by using the wrong agent to win tenders and PHL being legit Yamaha’s products sole distributor, seller, and importer to Malawi, compelled DPP Chamkakala to discontinue the matter in court that the state might be embarrassed at the end.

Knowing that he had lost the legal dealership on Yamaha products to Malawi, Laher continued to push for relevance and connived with Parliamentary Committee on Legal Affairs Chairperson Peter Dimba to resuscitate the case hence summoning DPP Chamkakala.

Luthando even took a court order stopping Yamaha Japan from recognizing PHL as the sole distributor, seller, and importer of its product to Malawi.

How on earth one could stop the owner of the products from recognizing their own trusted business partner or dealer.

Shamelessly, Luthando Holdings used Stansfield Motors’ limited name with a bogus address to obtain an injunction stopping Yamaha Motor Corporation from awarding sole dealership of Yamaha to Paramount Holdings.

This was revealed when different lawyers with default judgments against disbanded Stansfield Motors frocked the High Court to learn about the physical address of Stansfield Motors as presented to the High Court recently.

It was learned that it was the lawyers of Luthando Holdings who filed for the injunction using the bogus address for Stansfield Motors Limited that ceased to exist in 2019.

Despite Laher seeking public sympathy for Yamaha products dealership in Malawi, has failed to produce a legit or legal bidding certificate to back his claims while continues winning tenders by using the wrong South African agent.

In fact, it was PHL that was legal to drag Laher and Luthando to court for using the wrong agent to win public and private tenders on Yamaha products to Malawi.

Therefore, the constitution is very clear of the legal mandate of the DPP office on how criminal cases of the state must be handled.

If the office of the DPP feels any criminal case has no evidence to prove in court, there is no person who can push for resuscitating the matter for legal complications.

Laher, Dimba, and his committee have no legal grounds to push DPP to continue the case when it failed to commerce several times in court.

Do Luthando, and Dimba have evidence, and resources to resuscitate the matter and win the case in court?

Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor

Law and order, Malawi

State withdraws criminal charges against Paramount Holdings directors, company

Ufulu

LILONGWE-(MaraviPost)-The Office of the Director of Public Prosecutions (DPP) has withdrawn criminal charges it placed on three directors of Paramount Holdings Limited (PHL) and the company itself.

In a court notice dated March 19, 2024, addressing PHL directors and company, said the state has no case for them, hence withdrawing.

DPP Masauko Edwin Chamkakala confirmed the development but refused to disclose reasons for the discontinuation of the cases.

In July 2021, police arrested and charged the three directors, Prakash Virji Ghedia, Arvindkumar Atit Patel and Suresh Khimji Jagatiya, and the company itself, with three counts.

The counts included conspiracy to commit a felony contrary to Section 404 of the Penal Code, making and uttering false documents, which aided them to win a contract.

This followed an allegation by Hendrix Laher of Luthando Holdings Limited – apparently a business competitor – made to the Fiscal Police that Ghedia, Patel, Jagatiya and Paramount Holdings Limited had uttered a false document to the 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 Limited is an authorized dealer of Yamaha motorcycles in Malawi on behalf of Yamaha Company Limited on Japan.

The facts surrounding the matter were that JHPIEGO advertised in the newspaper for a request for quotation to supply them with 20XTZ and 10DT125 Yamaha motorcycles.

Paramount Holdings Limited and Luthando Holdings Limited were among those who submitted their quotations.

On 7 July 2020, Laher found out that the contract had been awarded to Paramount Holdings Limited. Apparently, this did not please Laher who reported to the Fiscal and Fraud Section of the Malawi Police Service, alleging that Ghedia had used a fake certificate of authorization from Yamaha licensed dealer to win the contract.

Thus, the police arrested and charged Ghedia and others pending commencement of the criminal proceedings in the matter.

But for three times, the complainant–Luthando Holdings Limited– did not appear before the court.

Eventually, on March 19, 2024, Chamkakala wrote legal counsel, Marshall Chilenga, who represented Ghedia, his co-accused, and the company, notifying him about the discontinuation of the case.

“It is hereby certified in exercise of the powers conferred by section 77 of the Criminal Procedure and Evidence Code that the State enters discontinuance of the aforementioned charges against the named accused persons,” reads the letter in part.

This means PHL is now at liberty to bid any tender without any criminal records.

However, in an interview, Chamkakala refused to reveal reasons for the discontinuation of the case.

“I’m not at liberty to discuss reasons for this decision,” he responded.

In a separate interview, Chilenga also confirmed receiving the notification from DPP about the state’s decision to discontinue the case against his client.

He added that Yamaha South Africa confirmed documents were genuine and that there was nothing wrong for Paramount Holdings Limited to use them to secure business in Malawi.

Yamaha Japan in 2022 certified Paramount Holding as its sole official distributors and seller of Yamaha motorcycles and associated products.

Currently, PHL’s competitors are in court to challenge Yamaha Japan over certification.

Luthando and others have been bidding contracts in Malawi by using South Africa’s Yamaha agent, which is contrary to tendering procedures.

corruption, Malawi, Opinion

Of new DPP Chamkala’s unreasonable, unsound tactics amnesty for cash-gate perpetrators

Maravi Post Author

By Dr. Daniel Dube

The news that the new Director of Public Prosecution (DPP) Masauko Chamkakala has cut a deal where Cash gate individuals have been asked to return the money they stole lends credence to the Idea that our civilian administration has collapsed and we are lacking the leadership skills and wisdom to run a country that is in a crisis.

Unfortunately for us, the Lazerus Chakwera’s Tonse Administration is creating scandals at such an alarming rate that it is difficult to keep up. Most of the wrongs and very bad policies are being introduced quietly.

Without a serious media, we are often unable to ask questions and keep our public servants in check.

First, the levels of crimes that were committed In the Third and Fourth Republic under the first Mutharika and second Mutharika never mind the short lived PP administration and the UDF administrations require a full national commission of inquiry and a special tribunal. These administrations plundered close to US$2 billion.

Theft and pilferage that falls outside the Cashgate is inestimable and may run in several billions of dollars. Very few people were held accountable. Banks, Companies and high-ranking civil servants and politicians from across the political parties have never been held accountable.

We the people need to get the Justice Minister, the Attorney General and the DPP to come out and explain the legal framework under which these deals are being made.

  1. Given the enormity and seriousness of these financial crimes, should there not be public consultations before starting these grand amnesty schemes?
  3. Has the administration forgotten that the current AG tried what was considered a surreptitious amnesty and it failed?
  5. Is the government trying now to undercut the work of this ACB and future ACBs by closing corruption cases? (What an irony! The government and its supporters are beating down the DG of the ACB for not prosecuting old corruption cases while closing them quietly.)
  7. What will be the legal status of people who assisted in the financial crimes for which people are being forgiven? Are the accomplices also automatically forgiven?

On the return of the stolen money, are the crooks being asked to pay with interest? Are we adjusting repayment for inflation?

  1. If someone stole MK100 million and now he has built a billion Kwacha business, does he return the MK100 million and gets to keep the business?
  3. In the administration of these amnesty deals are there any considerations for the direct injury to the public in specific circumstances where people stole money earmarked for specific projects? (A case in point, if you stole COVID money can you return the money without facing the consequences for the deaths that were caused by these thefts? Or is it rudimentary legal arguments that COVID caused the deaths and the absence of oxygen can not be proven as contributing to the deaths?)
  5. Is this a precedent that we are setting for the competent administration of justice in our country?

As a citizen, I would want our parliament to take a lead on this new amnesty. I would also want to see the communications and deliberations between the key leaders in the justice department, the minister, Ag and the DPP that led to this decision.

It is about time that the administration started showing respect to the public. It is also important to start envisaging a situation where these outrageous decisions will need to be defended under different circumstances. My people, how did we get here? Is this Banda’s Malawi? What is happening in Malawi?

I and many others are not ready to give up on this country. We are ready to fight for the return of order. Change is inevitable. What is going on is intolerable.

The views expressed in the article are those of the author not necessarily of The Maravi Post or Editor

Malawi, Politics

Chizuma spared again: Kayuni replaced with Chamkakala

Maravi Post Reporter

LILONGWE-(MaraviPost)-President Lazarus Chakwera on Wednesday, January 18, 2022 spared embattled Anti-Corruption Bureau (ACB) Director General Martha Chizuma from being fired despite commission of inquiry faulting her for breach of office oath.

Chakwera told the nation that Chizuma remains his key figure in fighting corruption despite her incompetency in handling the office.

Masauko Edwin Chamkakala, New DPP

The President instead has fired Director of Public Prosecution (DPP) Steve Kayuni by replacing him with Masauko Edwin Chamkakala with immediate effect.

Chamkakala until his appointment was Director of Malawi Legal Aid Bureau.

Chakwera again has failed to name new cabinet as expected.