Confusion (Part 1)

 

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.

On 15 January 2025, I received a letter from the Sabah Surveyors Board (LJS), signed by a director, stating they were awaiting "further verification from the authority." Verification? Who is better equipped to verify a spot level survey than the Surveyors Board itself?

On 5 August 2025, during a meeting with the Dewan Bandaraya Kota Kinabalu (DBKK), I raised this issue and asked the Director-General of DBKK who this "authority" was. He clarified that it was not DBKK.

However, a letter dated 15 July 2025 from Datuk Bernard Liew of L&S identified DBKK as the authority.

Confused, I wrote to L&S and LJS requesting confirmation of the authority’s identity. Today, 18.8.2025, I received a response from L&S stating: “If you are not satisfied with the Board’s decision, you may appeal to the Court as provided under Section 17 of the Surveyors Ordinance 1960.”

Why would a department head direct me to take this matter to court? The JPA emphasizes resolving issues discreetly through discussion, yet this suggestion to pursue legal action risks public exposure and media attention.

This raises many questions. What are your thoughts?

The following is my email to Tan Sri Wan Ahmad Dahlan Abdul Aziz of JPA.

 

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.

I am reaching out to seek your guidance on a matter concerning a property I am maintaining, purchased by my son, for which the occupancy certificate was issued in October 2019. Unfortunately, there are significant issues with the property that have yet to be resolved despite my best efforts to address them amicably.

The driveway to the house is excessively steep and poses safety concerns, as it does not comply with the specifications outlined in the Sales and Purchase Agreement or the original development plan. Additionally, a retaining wall, promised by the developer and mandated by the Dewan Bandaraya Kota Kinabalu (DBKK), has not been constructed, rendering the house unfit for occupancy. Despite my repeated requests to the developer and architect to rectify the driveway gradient and construct the mandated retaining wall, no progress has been made.

In December 2022, I lodged a complaint with the Lembaga Juruukur Sabah (LJS) regarding the as-built survey plan, which I believe was inaccurately prepared to obtain the occupancy certificate. On 28 June 2023, representatives from LJS, including surveyors and members of the Board of Directors, conducted a spot level survey at my residence in Vistana Heights. However, despite my requests, I have not yet received the survey report. A letter from LJS dated 15 January 2025 stated that the Board is still reviewing my complaint pending "further verification from the authority," but my inquiries about the identity of this authority remain unanswered.

Since 2022, I have been corresponding with DBKK to address these concerns but received no response until I escalated the matter to the Integrity Department in February 2025. A meeting was convened by the Director of DBKK on 5 May 2025, followed by another on 11 June 2025, attended by two officers from the Integrity Department. During the latter meeting, figures not present in the original as-built survey plan were presented to suggest compliance. However, my question regarding whether DBKK had mandated the construction of the retaining wall, as recorded in the minutes of the 5 May 2025 meeting, remains unanswered despite being assigned for action by DBKK’s engineer and town planner.

As the deadline for legal action approaches on 2 October 2025, I am eager to resolve this matter amicably. I have requested a meeting with the Integrity Department, but this has not yet been arranged.

Tan Sri, I would be deeply grateful for your guidance on how I might proceed to resolve these issues in a constructive and cooperative manner. Your advice would be invaluable in helping me navigate this situation.

Thank you for your time and consideration. I look forward to your kind assistance.

Following is my article in the Daily Express yesterday. LINK 

Warm regards,

Luqman Michel