Requirement removing unqualified office-holders is Constitutional: Ombudsman

[rooster59]

Requirement removing unqualified office-holders is Constitutional: Ombudsman

By The Nation

 

Rakkecha Saechai

 

The Ombudsman on Friday decided against taking up a petition filed by Election Commissioner Somchai Srisutthiyakorn in hopes it would be forwarded to the Constitutional Court. The Ombudsman reasoned that the issue in dispute is not unconstitutional as claimed in the petition.

 

Ombudsman secretary-general Rakkecha Saechai said the Ombudsman held a meeting to consider the matter and resolved to dismiss the case.

 

Rakkecha said Somchai had filed the petition asking that the Ombudsman examine whether Article 70 under the EC law is unconstitutional.

 

By law, the Ombudsman is one of the agencies able to receive complaints in regard to the constitutionality of issues of concern and decide whether to forward them to the Constitutional Court along with its opinions.

 

Under Article 70, EC commissioners and its president have to leave office after the new EC law is promulgated. The five EC commissioners including Somchai have now left the office as a result.

 

Somchai argued that the stipulation may contradict the charter as it requires that members of independent bodies would have to leave office if their qualifications do not meet the requirements as outlined in the charter.

 

However, Rakkecha cited the previous Constitutional Court’s ruling on the qualifications and terms for the office of the Ombudsmen.

 

It had ruled, citing Article 273 paragraph 1, that members of independent bodies may stay in office after the new charter is promulgated but once the organic laws are in place, their terms must follow what had been proclaimed in the organic laws.

 

The Ombudsman viewed that this meant that the charter gives power to the legislative body to determine the terms of the members of independent bodies in various ways, including the total reset the EC faced.

 

Thus, what was addressed under the EC law’s Article 70 is not unconstitutional, the Ombudsman decided and dismissed Somchai’s petition.

 

Source: http://www.nationmultimedia.com/detail/politics/30336121

 

 

-- © Copyright The Nation 2018-01-13

[candide]

The Ombudsman is an army general. Lol! 

[Emster23]

Removing unqualified office holders? That would leave vast areas of empty offices I reckon. Perhaps they should adopt American model currently in place: "Is he/she breathing? Okay, you're now secretary of whatever"

[Chris Lawrence]

3 hours ago, candide said:

The Ombudsman is an army general. Lol! 

[Chris Lawrence]

So what qualifications does a Prime Minister hold? 

[spidermike007]

The real issue is that there are no qualified office holders, at the national level. None. So, everybody would have to be removed. There is no such thing as a meritocracy here. Virtually no jobs are awarded based on merit. And this applies especially to the guys at the top of the pyramid, who are so lacking in talent, intelligence, creativity, vision, and skill, it boggles the mind.

[spidermike007]

The highest-level changes include the country’s ministers of commerce, agriculture, energy, labor, and tourism. 

It was not immediately clear what impact the reshuffle would have. 

 

The reshuffle was to improve some ministerial positions for the benefit of the country’s administration, the statement said. The reshuffle follows the resignation of a labor minister.

 

If they were talented to begin with, perhaps the constant cabinet shuffles would be unnecessary?

 

https://www.reuters.com/article/us-thailand-politics/thai-pm-reshuffles-cabinet-for-the-fifth-time-since-coup-idUSKBN1DO1TT

Edited January 13, 2018 by spidermike007

[Baerboxer]

3 hours ago, Chris Lawrence said:

So what qualifications does a Prime Minister hold? 

 

Well it seems you can be:

a former military general with no political experience; a billionaire pretty sister of a billionaire crook with no political experience; an Old Etonian with limited political experience or a former Police Captain with some political experience.

 

The list of quals is endless - oh, providing you come from the right family, have the right connections and plenty of money to start with!! 

 

 

[Srikcir]

10 hours ago, rooster59 said:

the Ombudsman decided and dismissed Somchai’s petition.

Who needs a constitutional court when a nonjudicial government agency can decide the matter?

Thank you Prayut for this reform to the judicial system.

[andersonat]

17 hours ago, candide said:

The Ombudsman is an army general. Lol! 

 

I tried checking Mr Rakkecha Saechai's background on Google, but I had no success.

 

 - If he is indeed an (ex-)Army General, then one really has to consider his own qualifications and experience for the post of Ombudsman. 

 

 

[Denim]

14 hours ago, Chris Lawrence said:

So what qualifications does a Prime Minister hold? 

 

Guns. Lots and lots of guns. 

[candide]

1 hour ago, andersonat said:

 

I tried checking Mr Rakkecha Saechai's background on Google, but I had no success.

 

 - If he is indeed an (ex-)Army General, then one really has to consider his own qualifications and experience for the post of Ombudsman. 

 

 

The guy in the OP is only the secretary-general. The chief is General Viddhavat Rajatanun.

[holy cow cm]

Democracy Thai Junta way. 

[Cadbury]

On ‎13‎/‎01‎/‎2018 at 9:35 AM, Chris Lawrence said:

So what qualifications does a Prime Minister hold? 

There is no mention of him having any formal qualifications other than being a General. How he achieved that position would make interesting reading if the facts were ever known.

His strong stance against the "Red Shirts" seems to have been a positive influence on his climb to fame.

[Chris Lawrence]

The insane asylum judging the insane.

[Chris Lawrence]

On ‎13‎/‎01‎/‎2018 at 5:26 PM, Baerboxer said:

 

Well it seems you can be:

a former military general with no political experience; a billionaire pretty sister of a billionaire crook with no political experience; an Old Etonian with limited political experience or a former Police Captain with some political experience.

 

The list of quals is endless - oh, providing you come from the right family, have the right connections and plenty of money to start with!! 

 

 

They must have it written down BB, somewhere?

[Jonmarleesco]

Hmm. Unqualified. That would somewhat decimate the government's hold on power.