KUALA LUMPUR: The Sabah Government does not have the authority to issue its own identity cards (IC), even though there are special provisions related to the state under Article 161E(4) of the Federal Constitution.
This was clarified by the Ministry of Home Affairs (KDN) in a written response to a verbal question posed by Datuk Seri Madius Tangau (Tuaran) during the Dewan Rakyat session here on Wednesday.
Madius, in his question, asked the Minister of Home Affairs whether Article 161E(4) of the Federal Constitution allows the Sabah State Government to issue its own identity cards.
According to KDN, Article 161E(4) does not grant such authority to the Sabah State Government. Instead, this provision is intended to protect the state’s immigration powers, particularly regarding entry into Sabah and residency, as provided by federal law, ensuring that this authority cannot be amended or revoked.
“KDN emphasises that this provision does not grant power or expand the jurisdiction of the Sabah State Government to create or issue its own identity cards,” the written response stated.
KDN explained that matters of citizenship and resident registration fall under the jurisdiction of the Federal Government in accordance with Articles 14 to 15 of the Federal Constitution and the Ninth Schedule, List I (Federal).
These matters, according to KDN, are carried out under the National Registration Act 1959 [Act 78] and the National Registration Regulations 1990, which clearly stipulate that the registration of residents and the issuance of identity cards are the responsibility of the Director-General of National Registration under the National Registration Department (JPN).
KDN added that existing laws and regulations do not grant any authority to the State Government to issue identity cards or identity documents that carry citizenship implications
