Prayut ‘qualified’ to run for PM

[webfact]

Prayut ‘qualified’ to run for PM

By THE NATION

 

File photo

 

OMBUDSMAN’S RULING QUESTIONED BY MANY, WHO SAY IT IS ACTUALLY THE EC’S JOB TO DECIDE

 

THE OFFICE of the Ombudsman drew on a previous charter court ruling to pronounce junta chief General Prayut Chan-o-cha fit to run for prime minister, overruling questions raised over his incumbency.

 

In response to a complaint lodged by social activist Srisuwan Janya, the Ombudsman explained yesterday that the general does not fit the description of a state servant as laid out in a previous Constitutional Court ruling.

 

The previous judgement described state servants as being either appointed or elected, working full-time with the authorities under the law, being under the supervision of the government and receiving money in return for their services.

 

Raksagecha Chaechai, the Ombudsman’s secretary-general, said yesterday that Prayut only met two of the four criteria – he worked full-time for the authorities under the law and was paid for his job.

 

He said Prayut could not be considered a state servant because he had been appointed by the King outside the law, and that his appointment was the product of a temporary power seizure.

 

Hence, the Election Commission (EC)’s endorsement of Prayut’s nomination as PM candidate was not unlawful and the case does not have to be submitted to the Constitutional court, the Ombudsman concluded.

 

Srisuwan had lodged a petition with the Ombudsman last week, because he said the process would be faster and also because he did not trust the EC.

 

Others have filed similar complaints against Prayut with the EC, and the commission’s president, Ittiporn Boonpracong, has said a decision may be announced this week.

 

However, according to pro-bono lawyer Winyat Chartmontri, it is not the Ombudsman’s responsibility to judge this case and its conclusion will only cause further confusion.

 

He said this case must be ruled upon by the EC and submitted to the Constitutional Court, adding the Ombudsman only had the job of reviewing the constitutionality of legislation.

 

The lawyer also slammed the EC for slow progress in the case, and suggested that the commissioners should quit their office if they preferred the Ombudsman to do their job.

 

Khunying Sudarat Keyuraphan, a core leader of the Pheu Thai Party, also voiced dissatisfaction over the Ombudsman’s conclusion in favour of Prayut yesterday.

 

She asked that if Prayut were not a state servant, how was he able to exercise absolute power under Article 44.

 

“If they make decisions like this, then we don’t need any principles or even the elections,” Sudarat said. “They don’t care how judgements like this go against the public sentiment. They only care about staying in power.”

 

Sudarat said she was now placing her hopes on the EC to see if the agency would let the country go to wrack and ruin.

 

Meanwhile, the Future Forward Party was cleared of dissolution threats yesterday after the EC decided that the “false” information about its leader was not enough evidence to show the party was breaking the law.

 

Srisuwan had lodged a complaint asking for the party to be dissolved after its website displayed false information that Future Forward Party leader Thanathorn Juangroongruangkit had been president of the Federation of Thai Industries for two terms.

 

The EC dismissed this case saying there was not enough evidence to prove the party was trying to dishonestly attract votes.

 

However, the activist filed a new complaint yesterday, accusing Future Forward of being influenced by outsiders after members of the now-defunct Thai Raksa Chart Party stepped in to help them campaign for votes. These Thai Raksa Chart Party members may also be in trouble again and the EC has set up a panel to look into the issue.

 

Deputy Prime Minister Wissanu Krea-ngam, a legal expert, said yesterday that he was not sure if providing support to Future Forward was lawful, though it was up to the EC to decide.

 

However, he confirmed that some Thai Raksa Chart members had broken the law by urging voters in some areas to choose the “no” option in their ballot papers.

 

“They cannot tell voters to not vote for this or that person,” he said. “It’s unlawful, but it’s a petty offence with a small punishment.”

 

Source: http://www.nationmultimedia.com/detail/breakingnews/30365836

 

-- © Copyright The Nation 2019-03-15

[Odysseus123]

The Adventures in Wonderland continue..

 

All will be well if we take some money with plenty of honey all wrapped in a Five pound note..

[Samui Bodoh]

Monty Python couldn't make this up.

 

Ronnie Corbett couldn't make this up.

 

Jerry Seinfeld couldn't make this up.

 

Louis CK couldn't make this up.

 

Jimmy Carr couldn't make this up.

 

Kevin Hart couldn't make this up.

 

Amy Schumer couldn't make this up.

 

Michael Macintyre couldn't make this up.

 

Is Prayut the greatest comedian of all time?

 

[Crossy]

He may be qualified to run for PM, he has demonstrated that he is not qualified to be PM. 

 

[Prissana Pescud]

If you thought Maduro was top of the lists, you thought wrong.

 

[YetAnother]

2 hours ago, webfact said:

The previous judgement described state servants as being either appointed or elected, working full-time with the authorities under the law, being under the supervision of the government and receiving money in return for their services.

what a farce

[gunderhill]

Flushing a toilet maybe,  running a  country, laughable

[gunderhill]

2 hours ago, webfact said:

He said Prayut could not be considered a state servant because he had been appointed by the King outside the law,

Again , this can't be discussed and therein lies the problem.

[neeray]

1 hour ago, Samui Bodoh said:

 

Is Prayut the greatest comedian of all time?

 

Yes, but I want to know who the XXXX made it up for him (don't tell me WATCH man).

There's just been too much wrangling and manipulation done to  guaranty a leadership position of a government that is made to look like a democracy but isn't !

From what I've heard and read, Prayut doesn't have the were with all to be the principal architech of such a devious scheme.

[grumbleweed]

3 hours ago, webfact said:

pronounce junta chief General Prayut Chan-o-cha fit to run for prime minister

Sure! Like Stephen Hawking was fit to run a marathon

[colinneil]

The office of the Ombudsman says Prayut qualified to run for PM, because they had no other choice.

They were scared that they would get a punch in the mouth if they said otherwise.

[Lungstib]

And the joke is on the Thai people!  Almost 5 years in total control of the Thai nation and he is not a state official. An army man for his whole life paid by the Thai people but he is not a state official.

3 hours ago, webfact said:

could not be considered a state servant because he had been appointed by the King outside the law,

And we have now been told his appointment was not a lawful matter. Oh dear, where is this going?

[rkidlad]

So had he been elected he couldn’t stay on, but because he threatened violence and stole his position, he’s okay. Wow! 

 

I guess the best analogy for this would be if you stole money and used it for insider trading. When someone accuses you of insider trading, you simply remind them that it wasn’t your money in the first place. You stole it therefore you keep your job and don’t go to prison. 

[Aussieroaming]

Thief....check

Liar.......check

Self serving.....check

Egotistical........check

 

Assessment...qualified

[Emdog]

1 hour ago, gunderhill said:

Flushing a toilet maybe,  running a  country, laughable

Bet he doesn't know squat... may be a dipper but doubt he knows how to use one.

[sammieuk1]

Seizing power by force is perfectly constitutional here then????

[yellowboat]

4 hours ago, webfact said:

She asked that if Prayut were not a state servant, how was he able to exercise absolute power under Article 44.

Because the state serves him.  He is an autocrat and an idiot, not a democratic soldier. 

[Srikcir]

5 hours ago, webfact said:

He said Prayut could not be considered a state servant because he had been appointed by the King outside the law

True that Prayut's PM position was endorsed by the king, but that's also true of the entire Prayut Cabinet and every preceding installed new government. Such endorsement is required for every new Thai government, so it's not a distinguishing event with regard to defining "state servant."

 

However, preceding any PM endorsement by the king is the PM's election by the National Legislative Assembly (NLA) for PM nomination. In fact Prayut retired from the army (albeit continued to hold his position as Chief of the NCPO) and was elected by majority vote of the NLA (albeit Prayut dismissed the entire elected NLA and appointed his own members to the NLA) to be the PM nomination - as has been the process for PM selection by every preceding NLA.

 

Therefore, PM Prayut is an elected state official and should be considered a state servant. Consequently, to run for PM in the next election Prayut would have to resign his position as PM.

 

What the Ombudsman should have said was that it is irrelevant as to whether Prayut is a state servant because he holds absolute power with the legal force of the Constitution as Chief of the NCPO. Therefore, it is Prayut's decision alone as to whether being a state servant is a prerequisite to run in the next election. Obviously, Prayut has registered as a PM candidate and therefore fit to run for the office. That would be a brutal but honest admission. 

[klauskunkel]

5 hours ago, webfact said:

Prayut only met two of the four criteria – he worked full-time for the authorities under the law and was paid for his job.

since this is the ombudsman nitpicking, I'd like to correct this statement

Prayut only meets one of the four criteria: he gets paid for what he is doing or not doing.

He does not work full-time for the authorities under the law, the authorities work full-time for him under his law.

[Pilotman]

Of course he's qualified, 150 tanks plus 150,000 armed troops say he is. 

[hotchilli]

Don't you just love a loop-hole !

[hansnl]

5 hours ago, Samui Bodoh said:

Monty Python couldn't make this up.

 

Ronnie Corbett couldn't make this up.

 

Jerry Seinfeld couldn't make this up.

 

Louis CK couldn't make this up.

 

Jimmy Carr couldn't make this up.

 

Kevin Hart couldn't make this up.

 

Amy Schumer couldn't make this up.

 

Michael Macintyre couldn't make this up.

 

Is Prayut the greatest comedian of all time?

 

 

[Thailand Forever]

I hope Prayut wins so he can see to fruition his Thailand 4.0 vision.

[Eligius]

3 hours ago, grumbleweed said:

Sure! Like Stephen Hawking was fit to run a marathon

Yes, Grumbleweed. But don't forget that Stephen Hawking diligently and assiduously studied under Prayut. Prayut taught Hawking all he knew, and Hawking frequently acknowledged the huge intellectual, scholarly and cosmic debt he owed to the 'PM'.

 

Did you not know this?!!!

[Prissana Pescud]

9 hours ago, neeray said:

Yes, but I want to know who the XXXX made it up for him (don't tell me WATCH man).

There's just been too much wrangling and manipulation done to  guaranty a leadership position of a government that is made to look like a democracy but isn't !

From what I've heard and read, Prayut doesn't have the were with all to be the principal architech of such a devious scheme.

Mate, I agree. But perhaps we need to be a bit more discrete.

I was warned by a moderator to tone down my prejudice.

I live in Thailand and I find myself in constant agreement with the locals. But we are being monitored

[SABloke]

For people on the forum (Not this thread necessarily) stating that "In other countries, the PM's allowed to run for elections etc. Why are state officials not allowed to run etc." Just a reminder: The original "Outsider PM" nonsense was brought about because the "Law" stated that members of the current NCPO were not allowed to compete in elections or hold a position in the new parliament. That is why the issue of Prayuth being a "state official" or "public figure" matters. It also show what a goldfish memory this country has.

[Prairieboy]

On 3/15/2019 at 3:37 AM, webfact said:

Meanwhile, the Future Forward Party was cleared of dissolution threats yesterday after the EC decided that the “false” information about its leader was not enough evidence to show the party was breaking the law.

There is some hope!

[Prairieboy]

21 hours ago, sammieuk1 said:

Seizing power by force is perfectly constitutional here then????

One only has to look at Uganda - Museveni seized power in 1986 and 33 years later is still president.  From being a poor cattle farmer to a net worth of US$4 billion - politics pays big dividends!

[Sir Dude]

Hardly qualified as he hasn't been elected to any position in his life. A village headman is more legit to run that this ill-tempered killjoy.