Luqman's musings

                                                   The Isuzu Truck with its bumper removed.                                                                      The bumper An Update on Lot S2's Access Nightmares In a follow-up to my ongoing documentation of the challenges at Vistana Heights in Taman Ira Manis, Kota Kinabalu, I've now incorporated two striking photos that capture the real-world perils of Lot S2's infamous steep driveway. These images show an Isuzu lorry in a bid to conquer the incline: its front bumper ground against the slope, ultimately requiring on-site removal just to inch its way up. It's a stark visual testament to how this design flaw turns routine deliveries...

                                                   Driveway of Lot S20 (renumbered S2A)   I am getting documents ready for my court case against the developer and others involved in Vistana Heights case. I came across emails which I am posting here for future reference. George Sheh is the owner of Lot S20 now renumbered S2A. This is the house opposite S9. The highlight in the emails below is added by me. See notes below for explanation.

Fabricating false evidence intended for use in proceedings before DBKK (Dewan Bandaraya Kota Kinabalu) could be considered an offence under Section 192 of the Malaysian Penal Code, provided certain conditions are met. Section 192 punishes whoever: ·         Causes circumstances to exist, or ·         Makes a false entry in a book, record, or electronic record, or ·         Creates a document containing a false statement, with the intent that it may appear in evidence in: Any proceeding before any public servant who is legally bound to take evidence.

Owning a home should bring peace, but my experience with Lot S9 at Vistana Heights, Kota Kinabalu, has been fraught with obstacles. Since 2022, I’ve been unable to sell my property due to restrictive conditions imposed by the developer, Topwira Corporation Sdn. Bhd. (TCSB). Additionally, a steep driveway and missing retaining wall have made the property unsafe and difficult to use. I’ve outlined these issues to seek clarity and solutions as of Sunday, September 20, 2025. The Problem with Selling

  Summary of the Newspaper Item LINK City Hall Advisory Board member and architect Tan Young has proposed rethinking flood mitigation strategies in Sabah by incorporating underground stormwater detention systems under underutilized open spaces like parks, sports courts, and parking lots. He emphasized that flooding has evolved from a seasonal issue into a critical urban crisis, and these systems could transform single-purpose land into multifunctional assets—providing recreational facilities above ground while offering flood protection below. Tan warned that the long-term costs of inaction would dwarf the expenses of innovative solutions. This proposal comes amid severe flooding in Sabah.

  Here is a Daily Express news item dated 11.9.2025 and my thoughts. LINK Article: Deputy Chief Minister III cum Works Minister Datuk Shahelmey Yahya urged civil servants, especially in technical departments, to act with urgency when addressing public complaints on road conditions and water supply.

This is not legal advice; it is general information. I copied the following definition from the internet: Section 94(3) of Malaysia's Legal Profession Act 1976 (LPA) defines "misconduct" for an advocate and solicitor as any professional conduct or omission, anywhere in the world, that constitutes grave impropriety. This definition encompasses a range of actions including criminal convictions, dishonesty, breaches of professional duties to the court, and violations of Bar Council rules on practice and etiquette. The purpose of this definition is to subject lawyers to disciplinary actions, such as striking off the Roll or suspension from practice, by the Advocates & Solicitors Disciplinary Board. Unfortunately, there is no specific Penal Code provision in Malaysia (including Sabah) that directly criminalizes a lawyer prolonging a case for improper purposes. However, such conduct can fall under:

  Satu Kebimbangan untuk Pembeli Rumah di Sabah. Mewakili anak saya sebagai pemilik rumah di Sabah, saya telah menghadapi amalan-amalan yang membimbangkan dalam sektor undang-undang dan pembangunan hartanah yang wajar dibincangkan secara terbuka. Pengalaman saya dengan kes undang-undang yang melibatkan Topwira Corporation Sdn. Bhd., pemaju Taman Puncak Vistana, menimbulkan persoalan sama ada sesetengah peguam mengutamakan penjanaan yuran guaman berbanding menyelesaikan pertikaian dengan cekap untuk pelanggan mereka.

  Representing my son as a homeowner in Sabah, I’ve encountered troubling practices in the legal and property development sectors that deserve public discussion. My experience with a legal case involving Topwira Corporation Sdn. Bhd., the developer of Taman Puncak Vistana, raises questions about whether some lawyers prioritise generating legal fees over resolving disputes efficiently for their clients.

Fifteen years after the Daily Express highlighted the plight of Sabah house buyers in August 2009, the question remains: has the situation improved? Are property buyers now receiving their titles within months of moving in, as seen in places like Singapore? Unfortunately, the answer is a resounding no. The challenges persist, and for many, owning a home without a strata title remains a frustrating reality, with little hope for change in the coming years. Daily Express LINK

  I read the following tweet and commented and it started a long discussion with an engineer. Syaza Shukri @syazashukri Sep 1 Even for Malaysia, cutting MPs’ allowances isn’t just about saving money. It’s also a way to filter out those who join politics for perks, not for the people. #solidarity Luqman Michel @luqmanmichel Sep 2 Would that include civil engineers who don't comment on relevant posts? Here is a post you may have some comments on. https://luqmanmusings.blogspot.com/2025/09/criminal-implications-of-certifying-non.html

  A few years ago, an officer from a statutory body was reassigned to the interior. Following the appointment of a new mayor, he was transferred back to the department and promoted to a senior position. Subsequently, he was bestowed the title of Datuk. Below is a Daily Express article dated April 17, 2016 that may be relevant, accompanied by my comments.

  Locus standi refers to the right or capacity of a party to bring a legal action before a court. It ensures that only those with a sufficient interest in a matter can seek judicial intervention, preventing frivolous or vexatious litigation. In Malaysia, the courts have progressively liberalized the concept of locus standi, particularly in public interest litigation, allowing individuals or groups to challenge actions that affect the public, even if they are not directly or personally aggrieved.

  luqman michel   From: luqmanm2002@yahoo.co.uk To: pro@perpaduan.gov.my Thu 4 Sept at 11:46 Dear Y.B. Datuk James Ratib,   I am writing in response to your recent remarks at the Varsha Integrity Programme, as reported in the press , where you raised concerns about "dishonesty without intent" in the public sector. While I commend your commitment to fostering integrity and accountability through initiatives like the Varsha Integrity Programme, I respectfully disagree with the notion that certain instances of dishonesty in public service can be classified as unintentional. Drawing from my ongoing experience with governance issues at the Vistana Heights development in Kota Kinabalu, I believe some actions reflect deliberate misrepresentation or negligence that cannot be excused as lacking intent. Below, I outline specific examples to illustrate my concerns, which undermine public trust and contradict the integrity you advocate.

  The above were readers from around the world on 14.8.2025. The orange represents the US followed by yellow for readers from Malaysia.  The chart below if for readers on 30.8.2025.   以上是2025年8月14日来自世界各地的读者。橙色代表美国，其次是黄色代表马来西亚的读者。 下面的图表是2025年8月30日的读者数据。

  Here are extracts from a Malay Mail article dated 31.8.2025 and my thoughts. Every Merdeka, we celebrate political freedom and national identity — flags, parades, and heartfelt pledges. Yet in 2025, another independence is at stake: independence of the mind. …true freedom means the ability to think critically and discern facts from fiction. Have we strengthened our ability to question ideas, or are we letting herd mentality quietly colonise our thinking? 真正的自由意味着能够批判性地思考并辨别事实与虚构。 我们是否增强了质疑观念的能力，还是在让群体心态悄悄地殖民我们的思维？ My thoughts:

                                             I don't see a retaining wall behind the house. Do you?                                           I don't see a retaining wall behind the house. Do you? Dear Sir/Madam, I refer to my previous correspondence dated February 2023 and your response, referenced BEM/PPC/02 (09-23) (04), dated 30 July 2023. In your response, you indicated that, after reviewing the engineer’s reply, the Board of Engineers Malaysia (BEM) found no case against the engineer. Unlike the Lembaga Arkitek Malaysia (LAM), you did not provide a copy of the engineer’s response, which limits my ability to fully understand the basis of your decision. 

  Civil servants who misuse public funds must face consequences. When I raised legitimate concerns about unresolved safety issues in Vistana Heights with the chairman of the Sabah Lands and Surveys Department (JTU), I was met not with answers but with a directive to take legal action against the department. This response is both absurd and troubling. It implies that I, a taxpayer, should spend my own money to sue JTU, while JTU—funded by my taxes—would use those same public funds to defend itself. This is a clear misuse of taxpayer money, creating a perverse cycle where citizens are pitted against their own resources. Worse still, these civil servants, upon retirement, will draw pensions—again funded by taxpayers—despite such failures in accountability. There must be deterrents to prevent public officials from deflecting legitimate grievances into costly legal battles, which only burden citizens further while shielding systemic inefficiencies.

  This is not legal advice and reflects my personal analysis. Consult a qualified attorney for legal guidance. Certifying a non-existent retaining wall by a local authority like Kota Kinabalu City Hall (DBKK) in Malaysia could constitute a criminal offense if it involves intentional deceit, fraud, or corruption. Such actions may violate the Penal Code or amount to misconduct in public office, particularly if public servants knowingly or recklessly misrepresent facts for personal gain or to benefit others, such as developers. Potential Criminal Offenses