Luqman's musings

  Officers of the Court, Not Mouthpieces Lawyers are not mere advocates for their clients. They are officers of the court, bound by duties of candour, honesty, and professional integrity. When lawyers knowingly cover up for clients—especially in cases involving corruption—they cross a line. They cease to defend justice and instead become complicit in its erosion.

  Transparency at What Cost? The recent Focus Malaysia article , “ Transparency at What Cost? ”, raised a critical warning: exposing corruption by compromising sensitive defence information does not strengthen reform—it weakens the nation. Adversaries gain insights into vulnerabilities, and the shield meant to protect citizens is eroded.

  Insights from the Sabah Development Bank Discussions in Sabah In Malaysia, including Sabah, a bank statement of account is generally accepted as prima facie evidence of a debt. Courts often rely on such statements to establish the existence of financial obligations. However, this acceptance is not absolute. The enforceability of a statement of account can be successfully challenged if the bank cannot explain or verify its contents when disputed. The ongoing discussions surrounding the SDB matter highlight how these principles may come into play in practice.

  In Part 7: The Unresolved Horizon (link-to-part-7), I examined the glaring disparities between foreclosure laws in Sabah and Peninsular Malaysia . While the Federal Court in the peninsula has begun curbing indefinite claims through cases like Thameez Nisha Hasseem v Maybank Allied Bank Berhad [2023] 4 MLRA 492 , Sabah still clings to its outdated Limitation Ordinance . Item 114 exempts foreclosures entirely, leaving borrowers exposed to threats that can linger for 60 years. This is not a mere legal quirk—it is a symptom of a deeper malaise: Sabah’s persistent refusal to align with evolving national and global standards.   The consequences are visible everywhere. Despite being rich in oil, gas, palm oil, and timber, Sabah remains Malaysia’s second-poorest state . Poverty rates hover between 17.7% and 19.5%, compared to the national average of 5.6%. Infrastructure failures compound the problem:   Electricity supply remains unreliable.   Internet conn...

  📌 Introduction Between 2003 and 2018, Sabah Development Bank (SDB) approved approximately RM8 billion in loans to companies based in Peninsular Malaysia . Around 95% of these loans were for property development projects in Kuala Lumpur , Selangor , and Johor —far removed from Sabah’s primary development needs. LINK - Daily Express

  For decades, foreclosure in Sabah has lingered in the shadows of dormancy. Files lie untouched, accounts remain contradictory, and yet the law continues to permit enforcement without end. In Peninsular Malaysia , the Federal Court has begun to confront the inequity of indefinite claims, as seen in Thameez Nisha Hasseem vMaybank Allied Bank Berhad [2023] 4 MLRA 492. But in Sabah, the horizon remains fixed at sixty years under its Limitation Ordinance .