Supreme Court Grants Luthando Holdings Permission to Challenge DPP Over Discontinuation of Paramount Holdings Case

The Supreme Court of Appeal has granted Luthando Holdings Limited and its Managing Director, Hendrix Laher, permission to commence judicial review proceedings against the Director of Public Prosecutions (DPP) for discontinuing a criminal case involving Paramount Holdings Ltd and its directors.

The ruling, delivered on July 7, 2025, by Honourable Justice Dingiswayo Madise SC JA, marks a significant reversal of an earlier decision by the High Court, which had denied Luthando Holdings permission to move for judicial review.

The applicants were aggrieved by the DPP’s decision to discontinue Criminal Case No. 868 of 2023, which was being heard before the Lilongwe Magistrate Court.

They further alleged that the DPP refused to grant consent for private prosecution and ignored a resolution from the Legal Affairs Committee of Parliament instructing him to proceed with the case.

In their fresh application before the Supreme Court, the applicants argued that the DPP’s conduct was unreasonable and in bad faith, especially in light of Parliament’s intervention and the seriousness of the allegations in the discontinued matter.

Justice Madise, in his ruling, agreed that the case raises important constitutional and legal questions regarding the powers of the DPP under Section 99(1) of the Republican Constitution. He noted that the matter involves “serious allegations” and “clear triable issues” that warrant judicial scrutiny.

“The Judge below erred in refusing to grant permission to the applicants to move for judicial review,” Justice Madise stated. “These issues can only be ventilated and investigated in a substantive judicial review application.”

The Supreme Court has now ordered that the judicial review be filed in the General Division of the High Court within 60 days from the date of the ruling. The matter is to be assigned to a different judge for independent adjudication.

Costs have been reserved to follow the cause.

This decision sets the stage for what could become a landmark review of prosecutorial discretion and accountability in Malawi’s criminal justice system.

 

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