Wissanu: No law can require Gen Prayut to resign as NCPO chief

[webfact]

Wissanu: No law can require Gen Prayut to resign as NCPO chief

 

 

BANGKOK, 1 October 2018 (NNT) – Deputy Prime Minister for Legal Affairs Wissanu Krea-ngam has confirmed that Prime Minister Gen Prayut Chan-o-cha is not obligated to step down as head of the National Council for Peace and Order (NCPO). 

Asked about Gen Prayut’s future after declaring his interest in politics, DPM Wissanu said Gen Prayut doesn’t have to resign as NCPO chief whether he wishes to join a political party or decides to run in the forthcoming election. 

He added that Gen Prayut’s interest in politics doesn’t come as a surprise because the premier has always cared about the country’s future and the wellbeing of Thai citizens. 

Similarly, Wissanu said other cabinet members are allowed to join a party or stay on as a political office holder. 

He also declined to comment on whether or not he will join the next elected government if invited, but said he doesn’t see himself as a party member.

 

-- nnt 2018-10-01

[MaxYakov]

Whooda thunkit?

[z42]

So in essence, the rules can be interpreted however those illegally in power currently spin it. There is no interest in playing fair or going fully in line with their already rigged constitutional stipulations. Prayuth will continue sitting in his lofty, unelected perch, dishing out orders and restrictions to all and sundry while engaging in massively more damaging behaviour himself.

[colinneil]

Wissanu says no law to require my boss to resign, he can do what he wants.

We make the laws, we abuse the laws, if and when we want.

[Cadbury]

47 minutes ago, webfact said:

No law can require Gen Prayut to resign as NCPO chief

Even if there was such a law PM Prayut could use his self mandated Article 44 to remove it from the statutes; or easier still just ignore it.

[Lungstib]

I suppose its quite obvious that anyone who removes a govt by military coup does not feel they should be contained by laws. To strengthen that opinion their self-applied amnesty tells much about their opinion of Thai law. Perhaps they dont regard anyone in authority as their peers. They refuse to be judged.

[zzaa09]

That is, unless an incoming opposing government decides to dissolve NCPO and other purely rhetorical associations. 

I guess, in theory, this could come about.

[YetAnother]

1 hour ago, webfact said:

Prime Minister Gen Prayut Chan-o-cha is not obligated to step down as head of the National Council for Peace and Order

it was never about Law per se

[Lupatria]

Finally someone admits that the entire "election" is nothing but a huge charade to keep the 74.9 percent uninterested in politics in place and an attempt to delude the rest of the world to believe this is a democracy.

[zzaa09]

25 minutes ago, YetAnother said:

it was never about Law per se

 

Indeed.

Yet, many pundits tend to ignore these things.

[SABloke]

2 hours ago, webfact said:

Gen Prayut doesn’t have to resign as NCPO chief whether he wishes to join a political party or decides to run in the forthcoming election. 

 

Well, the constitution specifically states that no member of the NCPO can run in the election, which is why they were trying to go the whole "outsider PM" route.

[yellowboat]

2 hours ago, webfact said:

He added that Gen Prayut’s interest in politics doesn’t come as a surprise because the premier has always cared about the country’s future and the wellbeing of Thai citizens. 

The Thai citizens are more like my cat when I hold him too long.   The Thai people want to be let go.  If you care about somebody, you set them free.  Freedom is not something the junta ever talks about.  His "caring" is stifling and far more than what the country needs.  The Thai people deserve what the Malaysians and Taiwanese have, not what the junta offers.

[Jimbo in Thailand]

On 10/1/2018 at 6:39 AM, Lungstib said:

I suppose its quite obvious that anyone who removes a govt by military coup does not feel they should be contained by laws. To strengthen that opinion their self-applied amnesty tells much about their opinion of Thai law. Perhaps they dont regard anyone in authority as their peers. They refuse to be judged.

 

On 10/1/2018 at 7:34 AM, Lupatria said:

Finally someone admits that the entire "election" is nothing but a huge charade to keep the 74.9 percent uninterested in politics in place and an attempt to delude the rest of the world to believe this is a democracy.

 

So many great comments in this thread.  Wonder when the locals are finally going to see this thing for what it really is... the early stages of a dictatorship—elections or not. 

 

And folks, we ain't seen nothin' yet.  If you've been paying attention you already know that Fearless Leader P has been slowly but surely tightening the anti-freedom screws on everyone living here since the coup.  If you've had to deal with government agencies here, like I have, you'll notice an elevated paranoia and state of fear among employees.  Many are terrified of making a mistake so aren't about to stick their necks out by making a decision on their own.  The 'best' is yet to come folks.

 

Will the locals ever wake up?

Edited October 3, 2018 by metisdead
Please do not modify someone else's post in your quoted reply, either with font or color changes or wording.

[klauskunkel]

4 hours ago, webfact said:

Wissanu: No law can require Gen Prayut to resign as NCPO chief

Of course not. You have not written such a law, therefore such a law can not apply. Because it does not exist. QED, dodo.

And just for giggles:

If you had written such a law, Prayut could use his Article 44 to amend, distort, bend, torque and twist it to suit his goals. 

 

[TKDfella]

Ha! No surprises here...it is just a case of 'I want my cake and eat it too.' These guys just don't have the ba**s to take on the other politicians in a fair election.

[Srikcir]

4 hours ago, SABloke said:

 

Well, the constitution specifically states that no member of the NCPO can run in the election, which is why they were trying to go the whole "outsider PM" route.

I couldn't find any constitutional provision that "specifically" bars any of the six members of the NCPO from running in the first election. Do you have a constitutional article/section in mind?

 

Irrespective -

The Constitution actually allows itself to be legally overruled under Article 265 wherein it recognizes NCPO's absolute power to take whatever actions it decides as legal. NCPO's power remains in place until AFTER royal endorsement of the newly elected government.

 

The "whole outsider PM route" I thought was intended as a backup in the event that Prayut nor anyone else isn't directly elected by a constitutional majority of the newly elected NLA ministers. Then the NCPO-appointed Senators can add their 250 votes to the election of the PM. Prayut can then likely be elected no matter whether he ran as a party nominated leader or not (the "outsider").

 

 

[Eligius]

4 hours ago, Jimbo in Thailand said:

 

 

So many great comments in this thread.  Wonder when the locals are finally going to see this thing for what it really is... the early stages of a dictatorship—elections or not. 

 

And folks, we ain't seen nothin' yet.  If you've been paying attention you already know that Fearless Leader P has been slowly but surely tightening the anti-freedom screws on everyone living here since the coup.  If you've had to deal with government agencies here, like I have, you'll notice an elevated paranoia and state of fear among employees.  Many are terrified of making a mistake so aren't about to stick their necks out by making a decision on their own.  The 'best' is yet to come folks.

 

Will the locals ever wake up?

I believe the locals are awake to what this junta is.

They just lack the necessary huge guts to do anything about it.

It's basically as simple as that. Take away the guns and threats of imprisonment - and the bulk of the Thai people would kick out this bunch of autocrats tomorrow. They see through them.

 

But risking their neck for their children's future liberty and political dignity - is not something that most Thais have the mettle to do. Maybe a younger generation will ...

 

Edited October 1, 2018 by Eligius

[chainarong]

6 hours ago, zzaa09 said:

That is, unless an incoming opposing government decides to dissolve NCPO and other purely rhetorical associations. 

I guess, in theory, this could come about.

The only way you could repeal the NCP at this stage, is to have another coup.

[SABloke]

53 minutes ago, Srikcir said:

I couldn't find any constitutional provision that "specifically" bars any of the six members of the NCPO from running in the first election. Do you have a constitutional article/section in mind?

 

Irrespective -

The Constitution actually allows itself to be legally overruled under Article 265 wherein it recognizes NCPO's absolute power to take whatever actions it decides as legal. NCPO's power remains in place until AFTER royal endorsement of the newly elected government.

 

The "whole outsider PM route" I thought was intended as a backup in the event that Prayut nor anyone else isn't directly elected by a constitutional majority of the newly elected NLA ministers. Then the NCPO-appointed Senators can add their 250 votes to the election of the PM. Prayut can then likely be elected no matter whether he ran as a party nominated leader or not (the "outsider").

 

 

 

I can't point you to an article/section, but I clearly remember reading many articles stating that Prayuth would have to resign by so-n-so a date, because the members of the NCPO couldn't run in the election. Here are two, for example. 

 

"Technically Prayuth cannot stand for election under the constitution, because he would have needed to have resigned from his post since 2017 to do so."

https://www.reuters.com/article/us-thailand-politics/thai-pm-sets-sept-deadline-to-decide-on-role-in-politics-ahead-of-election-idUSKBN1KZ10P

 

"While Prayuth cannot technically run for election, as to do so he would have had to resign by July,..."

https://asiancorrespondent.com/2017/09/thailand-election-2/

[connda]

8 hours ago, z42 said:

So in essence, the rules can be interpreted however those illegally in power currently spin it.

 

There is no law that says a coup is illegal if the coup was successful.  It's only the unsuccessful coups that are sanctioned.

[SABloke]

5 hours ago, Jimbo in Thailand said:

 

 

So many great comments in this thread.  Wonder when the locals are finally going to see this thing for what it really is... the early stages of a dictatorship—elections or not. 

 

And folks, we ain't seen nothin' yet.  If you've been paying attention you already know that Fearless Leader P has been slowly but surely tightening the anti-freedom screws on everyone living here since the coup.  If you've had to deal with government agencies here, like I have, you'll notice an elevated paranoia and state of fear among employees.  Many are terrified of making a mistake so aren't about to stick their necks out by making a decision on their own.  The 'best' is yet to come folks.

 

Will the locals ever wake up?

 

They have been acting a bit strange: I recently applied for a re-entry permit and they (2 IO's) had a long chat over my passport - the one was asking the other one why I was flying around the world for only 3 nights - none of their business, I say. Then, upon leaving, the IO at passport control questioned me about a 3 week extension I got from Chaengwattana. I told her that that CW had suddenly made up new rules and added documents (Police Clearance) to my required list for my work extension and so they "graciously" gave me 3 weeks to get it (I say graciously because the requirement does not exist on any piece of Immigration Police literature so unless you know, you don't - so they gave me 3 weeks). So then she left with my passport and came back 5 minutes later, apologized and let me leave. Finally, upon returning to Thailand, the IO asked me all sorts of questions regarding my current employer, previous employer, length of current contract and length of future contracts. 10 years crossing all my T's and dotting my I's and yet she's questioning me when I'm re-entering (already jumped through all the hoops getting my extension done, so don't see why the border patrol are suddenly so interested in my comings and goings)

[holy cow cm]

lawless laws. 

[baboon]

3 hours ago, SABloke said:

 

I can't point you to an article/section, but I clearly remember reading many articles stating that Prayuth would have to resign by so-n-so a date, because the members of the NCPO couldn't run in the election. Here are two, for example. 

 

"Technically Prayuth cannot stand for election under the constitution, because he would have needed to have resigned from his post since 2017 to do so."

https://www.reuters.com/article/us-thailand-politics/thai-pm-sets-sept-deadline-to-decide-on-role-in-politics-ahead-of-election-idUSKBN1KZ10P

 

"While Prayuth cannot technically run for election, as to do so he would have had to resign by July,..."

https://asiancorrespondent.com/2017/09/thailand-election-2/

However a good number of us know / knew they will simply ignore the law / rules / constitution if any or all of them cause the junta the slightest inconvenience...

[kannot]

incorrect, the law of the jungle or gun can most definitely make him resign.

[Srikcir]

4 hours ago, SABloke said:

 

I can't point you to an article/section, but I clearly remember reading many articles stating that Prayuth would have to resign by so-n-so a date, because the members of the NCPO couldn't run in the election. Here are two, for example. 

 

"Technically Prayuth cannot stand for election under the constitution, because he would have needed to have resigned from his post since 2017 to do so."

https://www.reuters.com/article/us-thailand-politics/thai-pm-sets-sept-deadline-to-decide-on-role-in-politics-ahead-of-election-idUSKBN1KZ10P

 

"While Prayuth cannot technically run for election, as to do so he would have had to resign by July,..."

https://asiancorrespondent.com/2017/09/thailand-election-2/

As we've seen with previous PM's, they did not have to resign as PM to engage in the national election. But they had to place the executive into "caretaker" status which among other things places limits on a PM's executive power. Yingluck did not resign for the snap elections.

 

In any case the Reuter's article (the Asian article doesn't lend much towards the issue of a PM having to resign) makes the statement,

"Technically Prayuth cannot stand for election under the constitution, because he would have needed to have resigned from his post since 2017 to do so."

There is no elaboration. With regard to timelines, the NCPO follows its own "roadmap" timelines which provide for unspecified delays that are not constitutionally identified nor mandated. As such the article may be misleading as to when Prayut would have to resign from "his post."

Furthermore, with regards to "his post," Prayut serves in two posts: PM and Chief of the NCPO. Which singular post does Reuters address? My guess is PM.

 

The challenge at hand is the statement that Prayut must resign as Chief of the NCPO as a prelude to the general election. I find nothing in the Constitution that requires his resignation as Chief of NCPO except after endorsement of the new government.

 

Reuter's reference to "technically" may be misleading as well. There is in practice two constitutions within the 2017 Constitution. One represents what I'd call the normal course of government affairs and one that represents the transition period to the next installed government. Articles 262 through 279 describe those "Transitory Provisions." NCPO's use of absolute power lies in those transitory provisions under Article 265 for example. So I'm not sure that Reuters understood that until a newly elected NLA and Executive branches of government are installed, the transitory provisions apply and would overrule any technical provisions preceding Article 262.

 

Two years after the drafting of the 2017 Constitution, the Thai people are now only beginning to understand the complex barriers it places against the Thai people's sovereignty as the nation transitions from a military government to a democratic government. Based on recent polls it would seem a majority of the polity still isn't ready to fully grasp the "governance trap" that the junta has placed them in.

[Knocker33]

I thought he was above the law anyway 

[chama]

On 9/30/2018 at 7:36 PM, Cadbury said:

Even if there was such a law PM Prayut could use his self mandated Article 44 to remove it from the statutes; or easier still just ignore it.

This is the real issue...and if he were to use Article 44 would there be a reaction at the polls? One can only hope the Thais are fed up with the heavy armed politics being exercised for the past 4 years.

[Cadbury]

5 minutes ago, chama said:

This is the real issue...and if he were to use Article 44 would there be a reaction at the polls? One can only hope the Thais are fed up with the heavy armed politics being exercised for the past 4 years.

Be assured that before the election there will be plenty more devious twists and turns by this treacherous self-gratifying government.