Luqman's musings

                                                      Click on image for a clearer view Dear friends, family, and fellow Malaysians, I'm Luqman Michel, locked in a tough civil suit ( BKI-22NCVC-89-10/2025 ) against Topwira Corporation, Dewan Bandaraya Kota Kinabalu (DBKK), and others—including the Controller of Housing Sabah —over serious issues of housing development and consumer rights. My fight is for accountability and fairness, but legal battles are draining my resources. The defendants filed their Memorandum of Appearance, escalating the case. To keep going strong, I need your help to cover legal fees. Every ringgit counts toward justice! Donate securely: Affin Bank Malaysia : Account No. 200590014607 ( Luqman Michel ) PayPal : luqmanmichel@gmail.com No amount is too small—your support fuels this cause. Share widely if you can! DM for u...

When Rhetoric Meets Reality in a Local Housing Nightmare In a recent LinkedIn post (Copied below for your convenience) that has sparked thoughtful debate among Sabahans , veteran lawyer Ronny Cham , Founder and Senior Partner of Ronny Cham & Co (established in 1984), passionately critiques the slogan "Sabah for Sabahan" as a "dangerous illusion." Drawing from his decades of experience in Kota Kinabalu, Cham argues that true progress for Sabah lies not in isolation from the Federal Government but in "intelligent partnership, accountability, and integrity in leadership." He warns against divisive rhetoric that severs the "lifeline" of federal support for defense, infrastructure, education, and health—essentials that Sabah lacks the capacity to fully provide on its own. Disclaimer: To be clear, I'm not here to debate MA63. This post simply contrasts what Cham claims with his actual actions.

 As mentioned I have started legal action. Click on the image for a clearer view. Just the filing fee is already RM416.00 I also have legal fee to pay. So, please give what you can to defray my legal expenses. My bank account is in my name and the account number is 200590014607 My Paypal account is luqmanmichel@gmail.com Thank you in advance. You may also contribute by purchasing my book for any mother who has a kid who cannot read.   https://payhip.com/b/ZV01D    

                                                   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.

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

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:

  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. 

 Tatal kebawah untul Bahasa Melayu.                                                   Residents of Vistana Heights face ongoing safety concerns that threaten lives and property. Development plans required retaining walls, yet these are missing. Steep driveways create hazards, and visible cracks behind house S5, along with soil collapse near lots S1-S2 and S17-S18, have been reported to the Kota Kinabalu City Hall (DBKK) since 2022. Despite these efforts, concerns remain unresolved, and discrepancies in meeting minutes and approval processes raise questions about safety enforcement.

  Here is a follow up on my post yesterday. LINK The image of the letter to the S19 house-buyer in 2012, indicates that in Sabah the cart can be placed before the horse in many instances. The platform height of House No S19 (now renumbered S2) in the original Development Plan dated 1995 and approved by DBKK and the Development Plan attached to Faisal’s Sales & Purchase agreement is 100 feet.

                                         The above is probably only for public consumption. I recently saw a Facebook post about the Bangkok tower collapse from a month ago, but as usual, such posts are shared without follow-up. I've been vocal about the lack of accountability among Sabah's civil servants, particularly regarding unanswered emails about a housing project in Kota Kinabalu. In the Vistana Heights case, I’ve accused the developer, Topwira Corporation Sdn Bhd , and the architect, LYS Architect , of using a fabricated as-built survey . As a former manager at a Licensed Surveyor’s office with over two years of experience, I can read drawings and stand by this claim. The professionals involved—engineers, architects, and surveyors—seem to escape accountability for what I consider gross negligence.

I received another letter from Ronny Cham dated 30.11.2022. Unlike previous letters, this was marked ‘ without prejudice ’. What does ‘without prejudice’ mean? ‘Without prejudice’ has specific legal implications, primarily in the context of dispute resolution and negotiations. It cannot be used in court as evidence. This fosters candid discussions aimed at resolving issues. This protection only applies to communications genuinely aimed at settling a dispute.

  In my blog post yesterday , I discussed a letter from LPPB dated November 23, 2022, which stated, “We sincerely hope there will be a solution for both parties from the meeting with TCSB and their respective consultants.” However, I received an earlier letter, dated November 16, 2022, from Ronny Cham & Co., signed by Cham Ngit Shin @Ronny Cham, addressed to Puan Rosemary Ahping, LPPB’s General Manager. This letter referenced a meeting on November 16, 2022, at 10:30 a.m., attended by Topwira Corporation Sdn Bhd (the developer), LPPB, project consultants, and senior officers. It noted LPPB’s suggestion that Topwira meet with affected house buyers to resolve issues amicably, but Topwira insisted that buyers attend with their solicitors, architects, engineers, and surveyors to ensure a productive discussion.

  On 23.11.2022, I received a letter from The Commercial Development Architect, Mohamed Andy Osman of LPPB, stating the following: 1.      This letter is to update you with regards to our meeting with Topwira Corporation Sdn Bhd dated 16.11.2022. TCSB has assured LPPB that they are willing to meet with the relevant residents to resolve matters amicably, especially with the incorporation of architects, C&S, M&E engineering consultants for their inputs and assistance in the settlement of matters 2.      Therefore, please contact TCSB directly or TCSB’ lawyer*, Mr. Ronny Cham to arrange a date and time for the meeting. 3.      We sincerely hope there will be a solution for both parties from the meeting with TCSB and their respective consultants. ** 

  The above is the headline in yesterday’s, 6.8.2023, Daily Express . Prime Minister Datuk Seri Anwar Ibrahim is determined to put a stop to corrupt practices and irregularities which he said seemed to have become systemic and damaged the previous administration. He claimed that the previous governments were beset by the practice of officials asking for a ‘commission’. I have avoided talking about ‘commission’ as I have no evidence of the same. But, I have questioned how DBKK approved the Vistana Heights project that flouted many of the laws - rules and regulations - in the Housing and Town Development Authority Enactment.

  The lawyer for the developer, Topwira Corporation Sdn. Bhd. wrote to Persatuan Arkitek Malaysia Sabah Chapter (PAM) a letter with disinformation. This letter was then forwarded to PAM Malaysia. PAM did not write to me to verify the authenticity of the contents of the letter. When I received a copy of the letter from Lembaga Arkitek Malaysia at the end of March 2023, I wrote two emails to the lawyer asking him to explain the wrong information given but have yet to receive a reply.  Are lawyers allowed to write such disinformation and get away with it? Here are my emails to the lawyer.

When I received the water bills for  my son's house at S9 Vistana Heights I informed the developer that there must be a leak in the water pipe.The developer ignored my emails. Here is an extract of part of my complaint letter to DBKK: ‘Complaints on house no 15 (S9) specifically and construction at Vistana Heights, Ira Manis, in general’ dated 10.10.2022 which was copied to the developer, Zaidun Leeng, Architect LYS, PAM Sabah, and IEM Sabah. Sometime in July 2022, I received the water bill for the whole period from the time the keys were given to me in December 2019. I studied the water bill and found the water usage and charges to be too high and decided to check with the Water Department. The officers there said that it is not their responsibility as the water is managed by the management of Vistana Heights. I hope it is a faulty water meter that continues running even when there is no supply of water into the house. Another reason could be a leak in the pipe which could pos...