Luqman's musings

  Yesterday I read a Tweet by a friend, Ir.Kumar @skumar176 quoting Clarence Darrow.   “True patriotism hates injustice in its own land more than anywhere else.” It suggests that a genuine love for one’s country isn’t about blind loyalty or flag-waving; it’s about holding your nation to a higher standard. True patriots, Darrow implies, are more outraged by wrongs at home because they expect better from their own people, their own system. It’s a call to focus on fixing your own house before pointing fingers elsewhere.

  “Indeed, city councils like DBKL (Kuala Lumpur City Hall) are now seemingly run like private, for-profit companies that prioritise developers’ interests without considering residents’ welfare and interests.” (Siti Kasim on Twitter) The quote above is from the article at LINK

  The following is translated using AI for my readers from Hong Kong and China.   自2022年以来，我已向沙巴住房与城市发展局（LPPB）和亚庇市政厅（DBKK）发送多封电子邮件，询问Vistana Heights开发项目是否必须建造挡土墙，但未收到任何回复。   在1997年11月之前，Applied Geotechnics (Sabah) Sdn. Bhd. 进行了土壤调查。1997年11月14日，向开发商发布了一项修正令（MPKK No. S/1045 (7)），规定在开发地块与邻近土地之间不同高度的边界处必须设置挡土墙，且与土地所有权边界至少保持6英尺的距离。此要求被纳入1998年的开发计划中，由开发商、建筑师、规划部门工程师、DBKK主任Stanley Chong签署，并经市长Datuk Yeo Boon Hai批准。   2014年，开发商告知Faisal将建造挡土墙。 然而，2025年5月5日，DBKK总干事表示开发计划中并未要求建造挡土墙。值得注意的是，在超过20英尺高的悬崖后方并未建造挡土墙。   为获得入住证书，提交了一份标题为“Perakuan Kerja Siap – Tembok Penahan & Perlindungan Cerun”（挡土墙与斜坡保护完工证书）的A/RS表格。该表格包含以下声明： “本人确认已对挡土墙/斜坡保护的建设和完工进行监督，据我所知，工程按照亚庇市议会批准的规格和计划执行。本人承认对所有与我相关的事项承担全部责任，包括设计图纸、土壤调查和工作实施。”   该表格由项目的土木工程师（Jurutera Awam）签署并认证。 随后，颁发了“Sijil Perakuan Kerja Siap untuk Tembok Penahan & Perlindungan Cerun”（挡土墙与斜坡保护完工证书），由DBKK工程部门的一名工程师和一名主任签署。

Thank you to everyone who liked and shared my tweets about the retaining wall. Many of you aren't my followers, nor I yours, yet your support has helped spread awareness of my challenges to a wider audience. Luqman Michel @luqmanmichel Aug 27 Can anyone here tell me how an engineer can supervise a retaining wall construction that is non-existent. LINK

This is a translation of my post at LINK .  Sejak 2022, pertanyaan yang dihantar kepada LPPB ( Lembaga Pembangunan Perumahan Dan Bandar)  dan DBKK (Dewan Bandaraya Kota Kinabalu)  mengenai keperluan tembok penahan di Vistana Heights tidak mendapat sebarang jawapan. Ujian tanah yang dijalankan oleh Applied Geotechnics (Sabah) Sdn. Bhd. sebelum November 1997 mengesyorkan pembinaan tembok penahan, yang kemudiannya dimasukkan ke dalam pelan pembangunan, termasuk pelan pembangunan terakhir yang dipinda pada 2018. 

  Since 2022, inquiries sent to LPPB ( Housing and Town Development Authority)  and DBKK (  Kota Kinabalu City Hall)  regarding the requirement for a retaining wall at Vistana Heights received no response. A soil test conducted by Applied Geotechnics (Sabah) Sdn. Bhd. before November 1997 recommended a retaining wall, which was incorporated into the development plan, including the final amended development plan of 2018. 

  This is a translation of my post at LINK.   Sejak 2022, saya telah menghantar beberapa e-mel kepada Lembaga Pembangunan Perumahan dan Bandar Sabah (LPPB) serta Dewan Bandaraya Kota Kinabalu (DBKK) untuk menanyakan sama ada tembok penahan diwajibkan bagi pembangunan Vistana Heights. Tiada jawapan diterima.

  I read the following tweet and commented on it. BFM News @NewsBFM Aug 26 The MACC has arrested 3 individuals, including a senior officer from DBKL over alleged corruption linked to an IT-related procurement project 11 years ago.     The officer is among DBKL’s “Top 5” management, while a company owner and a woman, were also arrested earlier, BH reports.  

  Since 2022, I have sent multiple emails to the Sabah Housing and Town Development Board (LPPB) and Kota Kinabalu City Hall (DBKK) inquiring whether a retaining wall was mandated for the Vistana Heights development. No responses were received.

  Source: Daily Express   The Sabah Lands and Surveys Department (JTU) celebrated a 92% success rate in 2024, meeting 11 of 12 Key Performance Indicators (KPIs) under the Sabah Maju Jaya (SMJ) Development Plan. Chief Minister Datuk Seri Hajiji Noor lauded JTU’s staff for their “strong commitment” to delivering exceptional service to the people and the State.   My thoughts: This glowing praise rings hollow for residents of Vistana Heights, where unresolved safety issues undermine claims of stellar service. I’ve sent multiple emails to the JTU chairman, including one documented here , with no reply for years. Only on 15 July 2025 did I receive a response, pointing to DBKK as the authority for the as-built survey plans for Taman Puncak Vistana, Iramanis. Dissatisfied, I pressed further with questions, as detailed here . On 18 August 2025, L&S responded, directing me to pursue legal action under Section 17 of the Surveyors Ordinance 1960. Why would a department ...

  A Daily Express article dated August 25, 2025 discusses the introduction of a new emergency rescue system, set to launch before the end of 2025. LINK Below are key details from the article, followed by my observations:

  An occupancy certificate can be invalidated or revoked under specific circumstances, typically related to non-compliance with building codes and regulations. Common matters that may lead to the invalidation of an occupancy certificate include:

  The term "Little Napoleon" was coined by Malaysia’s fifth Prime Minister, Tun Abdullah Ahmad Badawi (Pak Lah), to describe civil servants who mirror the arrogance, self-importance, and power-hungry tendencies of the 18th-century French emperor, Napoleon Bonaparte. Initially used to critique lower-level bureaucrats, the term now applies to a broader, more alarming trend where senior officials, including heads of departments, exhibit behaviors that undermine the principles of democracy and public service.

  “Taxpayers deserve transparency and accountability from public officials, not deflection. When I raised concerns about inconsistencies in a development plan, the Land & Survey director dismissed me, suggesting I take legal action—knowing full well that taxpayers, not the department, would foot the bill for both sides. This isn’t just about one project; it’s about a system that allows officials to dodge responsibility while wasting public funds. The public deserves better: fair processes, clear answers, and officials who prioritize resolution over litigation.”

  Here is my email to JPA and copied to Puan Siti Fairuz of BIGoNS awaiting a response. luqman michel   From: luqmanm2002@yahoo.co.uk To: wdahlan@jpa.gov.my , marziana.malik@jpa.gov.my Cc: sitifairuz.hussin@sabah.gov.my Mon 30 Jun at 05:29 Dear Tan Sri Wan Ahmad Dahlan Abdul Aziz, I hope this message finds you well. I am writing with reference to a report in The Star dated 10 June 2025, which outlined the prohibition on public officers making statements that could potentially embarrass or tarnish the government’s reputation, as well as restrictions on disclosing factual information related to government operations. I fully respect and appreciate the intent behind these guidelines.

  Untuk bahasa melayu tatal kebawah. Civil servants are entrusted to serve the public and uphold accountability, yet my experience with the Vistana Heights case reveals a troubling trend of deflecting responsibility. Despite over 100 emails to DBKK, LJS, and L&S since 2022, raising serious concerns about a non-compliant driveway and a missing retaining wall—issues tied to a potentially fabricated as-built survey—I’ve been met with vague responses or outright dismissal. 

  Berikut adalah soalan yang mungkin tidak akan pernah dijawab. Apakah soalan lain yang boleh saya tanyakan mengenai perkara ini? Siapakah pihak berkuasa yang disebut oleh Sr. Dzulkarnain, pengarah LJS? Kajian aras titik telah dilakukan pada Jun 2023 dengan kehadiran 8 orang pengarah Jabatan Tanah dan Ukur. Saya dijanjikan salinan sebaik sahaja ia diplot. Berikut adalah pautan lengkap dengan gambar. Pautan .

"The important thing is not to stop questioning; curiosity has its own reason for existing. One cannot help but be in awe when contemplating the mysteries of eternity, of life, of the marvelous structure of reality. It is enough if one tries merely to comprehend a little of the mystery every day. The important thing is not to stop questioning; never lose a holy curiosity." (Einstein) Here is a question that may never be answered. What other question may I ask on this matter? Who is the authority mentioned by Sr. Dzulkarnain, a director of LJS?

      Translated into Malay using AI Perdana Menteri Anwar Ibrahim telah membina persona awamnya atas janji-janji pembaharuan, ketelusan, dan akauntabiliti. Beliau bercakap tentang Malaysia di mana tadbir urus berkhidmat untuk rakyat, institusi awam responsif, dan keadilan bukan sekadar slogan tetapi realiti. Namun, pengalaman saya dengan Dewan Bandaraya Kota Kinabalu (DBKK), Lembaga Pembangunan Perumahan dan Bandar (LPPB), dan Jabatan Tanah dan Ukur (LJS) mendedahkan hakikat sebenar: retorik Anwar tidak selari dengan realiti birokrasi yang mengabaikan rakyat, memanipulasi rekod, dan mengelak akauntabiliti. Pengalaman saya—ditandai dengan e-mel yang tidak dijawab, minit yang diubah, dan arahan sambil lewa untuk “mengambil tindakan undang-undang”—membuktikan bahawa kenyataan Perdana Menteri tentang tadbir urus yang baik hanyalah aspirasi, atau lebih teruk, kosong.

  PUTRAJAYA:   Privatisation that ignores governance and accountability risks becoming "robbery by the minute," or what Prime Minister Datuk Seri Anwar Ibrahim described as "piratisation." LINK Prime Minister Datuk Seri Anwar Ibrahim says the government must be open to feedback and criticism for the nation to progress. LINK  Here is my open criticism.  Empty Rhetoric in the Face of Bureaucratic Inaction

  Furthermore, you, (Datuk Bernard Liew), stated that there was no misconduct by the licensed surveyor responsible for the as-built survey for Vistana Heights. I seek clarification on the following anomalies in the survey: Height Discrepancies Opposite Unit S9: The as-built survey indicates heights opposite the gate at 31.74m (104.13 feet) and 32.11m (105.35 feet), with the platform height at 32.38m (106.23 feet). This results in height differences of 2.10 feet (106.23 – 104.13) or 0.88 feet (106.23 – 105.35) between the platform and road levels. The 1998 development plan, however, specifies a height difference of 4.26 feet (106.26 – 102 feet). Please explain how these figures reconcile.  Instead of answering the question above the director of L&S asked me to take legal action. 

  The call for senior officials, such as those from the Occupational Crime and Corruption Investigation (OCCI) and even the Chief Police (CP), to temporarily go on leave during investigations into serious cases, as suggested in the Zara Qairina Mahathir case, highlights the need for proactive accountability. Daily Express  The activist’s point, suggests that such an investigation should be automatic when a case involves a minor’s death under questionable circumstances, especially with allegations of bullying and visible injuries like bruises reported by the victim’s mother. Similarly, in the Vistana Heights case, an automatic investigation should have been initiated upon my initial complaint to the Kota Kinabalu City Hall (DBKK) and the Department of Land and Survey (LJS) regarding the fabricated as-built survey report.

  Surrounding Authority Verification The Director of the Public Service Department (JPA) recently instructed civil servants to avoid actions or statements that could tarnish the government's reputation. I believe the Sabah State Public Service Department shares this stance. I recently wrote to the Director of the Land and Survey Department (L&S) politely seeking clarification on several issues. Let’s address them one by one.

 Tatal kebawah untuk Bahasa Melayu. Attendees were: Puan Siti Fairuz, Puan Jennifer, Puan Andrea, Enc. Fauzi, my wife Mariam and me. The meeting was chaired by Puan Andrea. What a coincidence that Puan Andrea is the daughter of Datuk Abidin Madingkir who was the mayor who authorized the development plan (DP) attached to my son Faisal’s Sales and Purchase Agreement. Read my email to Abidin Madingkir. LINK

  Inspired by a friend’s post on Facebook, this is my story of defiance against authority overreach—call it Citizen Defiance Syndrome (CDS). When more of us embrace CDS, we’ll see civil servants do what they’re meant to: serve. I hope my stand against the Vistana Heights authorities becomes a case study in resolve. 

  In Kota Kinabalu, the old adage that laws are only as effective as their enforcement rings true across diverse issues, from bullying to wildlife protection and even building regulations. A recent article in the Daily Express highlighted this critical point, emphasizing that without robust enforcement mechanisms, even the most well-intentioned laws are rendered useless. 

                                                   Click on the image above for a clearer view. From:luqmanm2002@yahoo.co.uk To:jtu@sabah.gov.my,ljsabah@gmail.com Cc:SYLVIA.CHIN@SABAH.GOV.MY,Sulong.Matusin@sabah.gov.my, Robert.Millip@sabah.gov.my,Mohammad.AbdSani@sabah.gov.my, Jaswan.Jamaludin@sabah.gov.my Thu 7 Aug at 09:36 Dear Sr. Bernard Liew Chau Min, I have copied this email to several other officers of JTU as I don't have another 2 years to wait as time is of essence.Hopefully anyone of you at JTU/LJS would respond. 

  The post is by EAIC and the Sabah equivalent is Bahagian Integriti dan Governans Negeri Sabah (BIGoNS)

  Recent developments in Malaysia’s urban governance have sparked widespread concern, with the Mayor of Kota Kinabalu, facing scrutiny for failing to respond to critical emails and address allegations of misconduct within Dewan Bandaraya Kota Kinabalu (DBKK). These issues echo broader criticisms of municipal leadership, as highlighted in a Focus Malaysia article on August 8, 2025, which exposed the excessive powers granted to the Kuala Lumpur mayor under the Federal Territory of Kuala Lumpur Planning Rules 2025. Together, these cases underscore a troubling trend of unaccountability and lack of transparency in Malaysia’s urban centers.

  Here are some extracts and my thoughts: Zaid Ibrahim: The integrity, credibility, and efficiency of Malaysia’s law enforcement agencies are under unprecedented scrutiny. Two major cases in Sabah have laid bare disturbing weaknesses in our government’s capability, and perhaps willingness to deliver truth and justice.

                                                    click on the image above for a clearer view. Recent political developments in Malaysia, highlighted by a controversy involving Prime Minister Anwar Ibrahim and PN chief Muhyiddin Yassin, bear striking similarities to issues of trust and oversight in local governance, such as the case of the Kota Kinabalu mayor and the chairman of Lembaga Juruukur Sabah (LJS). Both instances underscore the risks of relying on unverified information and the subsequent demand for accountability.

Here is a Face Book post by someone from Enforcement Agency Integrity Commission. I have many posts that I have prepared to be posted after my meeting with the Sabah Integrity Department this afternoon,12.8.2025, but I thought I better post this first. EAIC: Not many integrity cases reported but enough to erode public trust Here are comments and encouraging replies by someone honest at EAIC. I wonder if this site will be available for sometime to come. 

EAIC is for complaints about Federal Agencies. In Sabah it’s equivalent is Sabah Integrity department. The Enforcement Agency Integrity Commission (EAIC) is actively working to address integrity issues within enforcement agencies. This includes investigating misconduct, even targeting department heads who enable such issues. The EAIC is also exploring the use of artificial intelligence to assess public perception of corruption and formulate action plans.

  This is the final part of a LinkedIn discussion. This lawyer, Chris Kwan lives in Australia and has voiced his opinion. Our local lawyers dare not voice the opinion. Chris Kwan - Seasoned Lawyer Luqman Michel, I can say that this part "Further, since you have extended your complaints to numerous professional bodies, government ministries & Departments, including newspapers, it is your responsibility to ensure that every such recipient of your complaints must be present at the meeting. Please let us have a copy of them to evidence that you have invited them to the meeting." is not correct as whether these people come or not is beyond your control and to put such a condition clearly shows the developer is not interested to talk by putting up these barriers. 

  This is the continuation of LINK . Chris Kwan  ( Seasoned Lawyer & Coder & US Patentee)  I do not know the full story about a lawyer blocking a "simple" meeting between house buyers and developer. I am surprised because in most cases buyers simply walk up to the developer's office and wave their fists. If this fails, they just stand around the office, blocking the roads and talk to reporters. It is the first time I heard of this incident. If you know the name of this lawyer (take photo) lodge a complaint to the SLS. In Sabah, yes, I would agree those who have money will tend to have an upper hand not only in law but in everything else in life. The problem with developer in Sabah is because the law to protect consumers is less. For example, in West Malaysia, they are proposing tougher laws but we are NOT part of this. LINK

  In a LinkedIn post, a lawyer commented: Chris K.   Seasoned Lawyer & Coder & US Patentee | LLM AI Governance Compliance | Data Breach Coach Commented as follows: Ronny Cham, when elections come around in Sabah, people don’t really have good choices. It’s always the same politicians, switching parties and keeping the same old ways that help themselves, not the people. Each new generation of "leaders" just repeats this cycle , focusing on their own interests instead of Sabah’s welfare . Because of this, elections feel pointless—nothing really changes. To fix this, Sabah needs new leaders who will truly stand up for the state. First, federal parliamentary seats should be adjusted to reflect changes since Singapore left Malaysia. Next, Sabah should work closely with Sarawak, using fair policies—like using English (school/government departments), making university free for locals, and hiring based on merit. These changes won’t happen overnight, but they are p...

  In a recent post, I shared a piece of advice from one of my sons: "Look for allies." I initially brushed it off, noting that finding allies isn’t easy—most people hesitate to get involved in contentious or challenging issues. But upon reflection, I’ve come to realize that I do have allies, even if they’re not always vocal or visible.

  Dear Datuk Seri Dr Samin Samitah, I have written several emails to you at mayor@dbkk.sabah.my and had never received any response. What your staff members are doing is detrimental to you and the Government of Sabah. They are misleading others to cover up their deceit in approving the occupancy certificate of Vistana Heights. Since 2022 I have tried to resolve matters amicably to no avail.

In yesterday’s Daily Express – Comments and analysis column I read a very informative article by Datuk Roger Chin. LINK Here are some salient points which Roger Chin dared to point out. The article: It has been more than 20 years since the law provided for an Appeal Board. Not constituting it after all this time is not just an oversight – it is an abdication of duty. Its time to end the silence and give Sabah the institutional recourse it has long been denied.

 Untuk terjemahan dalam BM sila tatal kebawah:                                                    Click on above to see an enlarged image                   The area marked in blue is the drainage reserve of 9 feet width all the way down to D18                    and all the way up to D17 (not shown on the as-built survey diagram above).  "A drainage reserve is a designated area set aside to manage storm water and prevent flooding, while an as-built survey plan documents the actual conditions of a site after construction or significant changes." The whole of the drainage reserve behind houses S1 to S18 (now renamed D18 to D17)  collapsed following a land slip sometime between 2010 and January 2011.