Candidates need to have written approval from PKR to use logo at polls
Monday, 16 April 2018

The Star 

PETALING JAYA: A former Election Commission chairman has outlined the implications of the four opposition parties using the PKR logo in this elections.

It would be mandatory for candidates from the other parties within Pakatan Harapan to obtain a written authority (watikah) from the PKR president or secretary-general for them to be allowed to contest using the party logo, said Tan Sri Abdul Aziz Yusof.

“Without the written authority, the party would have failed to prove to the EC that the candidate has obtained permission to contest representing PKR,” he said in an interview with Utusan Malaysia.

“Technically, only PKR is officially contesting and has paid a deposit.

“As such, the party contesting in the general election is PKR. Other parties cannot display their logos and symbols as they are not seen as ‘contesting’,” he said.

“If these other parties display their own flags during the campaigning period, they would be advised to take the flags down by the local authorities.”

This, he said, would be different for Barisan Nasional as the coalition comprised component parties that were legally registered.

When contacted, Lawyer Sin Yew New said candidates of a political party were able to contest under the symbol of another party, so long as they obtained written authorisation from the party and had received approval from the EC.

He said, however, there was no written law relating to elections that political parties that were not using their symbol on the ballot paper could not erect its own flag.

“I feel that DAP or Amanah candidates can use their respective party symbols and flags for campaigning.

“As for Pribumi, however, it depends on whether the use of the symbol has been prohibited under the conditions of provisional dissolution by the Registrar of Societies,” he said.

Senior lawyer Datuk Roger Tan said under the Elections (Conduct of Elections) Regulations 1981, the party candidate could request the returning officer for a certain party symbol to be assigned to them.

This is so long as the candidate has obtained written authorisation signed by a responsible official of the party authorising the candidate to use that party symbol, he said.

On April 6, Pakatan chairman Tun Dr Mahathir Mohamad announced that all four Opposition parties would unite under the PKR logo in the general election.

The parties are PKR, DAP, Parti Amanah Negara and the now temporarily disbanded Parti Pribumi Bersatu Malaysia.