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Prayut uses Article 44 to extend NACC boss's term


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Prayut uses Article 44 to extend NACC boss's term
The Nation

BANGKOK: -- Prime Minister Prayut Chan-o-cha resorted to Article 44 again yesterday, this time to extend Panthep Klanarongran's term as chairman of the National Anti-Corruption Commission (NACC) until the new chairman is appointed.

In his capacity as chief of the National Council for Peace and Order (NCPO), Prayut wielded the absolute power granted to him by issuing an order to extend Panthep's term, which will be published in the Royal Gazette.

The order stated that the NCPO issued an order on May 8 to extend Panthep's term to September 21, and that his term would be further extended so that the NACC can carry out its duties effectively and help push forward the country's reforms.

Panthep's term extension is in line with four other NACC members whose terms will end on September 21. Under Article 12 of the Anti Corruption Act 1999, NACC members can carry out their duty until the new NACC members are appointed.

Source: http://www.nationmultimedia.com/politics/Prayut-uses-Article-44-to-extend-NACC-bosss-term-30268969.html

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-- The Nation 2015-09-17

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The NACC can be a very effective apparatus of the State. However it is essential that good people remain in positions of authority. The Prime Minister shall take the necessary actions to assure this.

coffee1.gif

In other news today:

THAIS STILL have full rights and freedoms in every way "as long as their expression remains [in accordance with] the set rules and regulations," the spokesman of the National Council for Peace and Order (NCPO) said yesterday.

Edited by phoenixdoglover
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The NACC can be a very effective apparatus of the State. However it is essential that good people remain in positions of authority. The Prime Minister shall take the necessary actions to assure this.

coffee1.gif

In other news today:

THAIS STILL have full rights and freedoms in every way "as long as their expression remains [in accordance with] the set rules and regulations," the spokesman of the National Council for Peace and Order (NCPO) said yesterday.

Are you saying then that Panthep could not be replaced with a "good people" until September 21 when all the remaining members will be replaced? Or could it be that Panthep has shown himself to be such a good servant for Prayut that his position shouldn't be disrupted.

Invoking Article 44 to interfer with the conduct and proceedings of the NACC that is supposed to be an Independent Organization creates a conflict of interest. Panthep should have left at the end of his tenure regardless of Prayut's extension as a matter of ETHICAL CONDUCT - something that seems short-lived in the currebt regime.

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Power corrupts (which is a given here in Thailand), and absolute power sure does go to some people's heads.

The lack of a current constitution means that there are no laws in place to elect new members of the NACC, so in order to keep up the anti-corruption drive, and make sure that everything about the agency is fully legal, (as it will be in court on many cases in the future), a new law needed to be issued, to extend the validity of the agencies key people.

I don't see any relevance in your statement above.

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Power corrupts (which is a given here in Thailand), and absolute power sure does go to some people's heads.

The lack of a current constitution means that there are no laws in place to elect new members of the NACC, so in order to keep up the anti-corruption drive, and make sure that everything about the agency is fully legal, (as it will be in court on many cases in the future), a new law needed to be issued, to extend the validity of the agencies key people.

I don't see any relevance in your statement above.

Firstly, you are wrong, there is no "lack of a constitution", there is a "Constitution" in place currently, an interim one that was signed by the appropriate people and came into effect on 22nd July 2014.

Article/Section 44 of that current interim constitution is a blanket "law" that can be used by the Junta to do pretty much anything they want it to do, with Sections 47 and 48 giving them blanket amnesty for any previous, current, or forthcoming actions they might take.

"Attitude adjustments", transfers of government/police/military officials, further gagging of the press etc are only some of the many ways this article 44 is being used and abused wantonly by those in "power".

If you don't see the relevance of what I originally posted however, then I'm afraid you're a lost cause when it comes to understanding politics, laws and/or Thailand.

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I seem to recall a time not too long ago where the PM cried, while wringing his hands, that he couldn't use Article 44 for some common sense issues. Lately, he's been spending Article 44 mojo like water.

Things that make you go, "Hmmmm . . ."

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"Granted to him" or that which he bestowed upon himself?

Is this much like a knighthood. Wonder if he is a black or white knight. Article 44 is like a magic wand is it not? Knightsenough for now.

I could certainly do with a magic wand at home just when the kids return fom school. I could attempt a S44 on them but would be still ignored and laughed at.

I think I will commence some gratitude adjustment.

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The NACC can be a very effective apparatus of the State. However it is essential that good people remain in positions of authority. The Prime Minister shall take the necessary actions to assure this.

coffee1.gif

In other news today:

THAIS STILL have full rights and freedoms in every way "as long as their expression remains [in accordance with] the set rules and regulations," the spokesman of the National Council for Peace and Order (NCPO) said yesterday.

Are you saying then that Panthep could not be replaced with a "good people" until September 21 when all the remaining members will be replaced? Or could it be that Panthep has shown himself to be such a good servant for Prayut that his position shouldn't be disrupted.

Invoking Article 44 to interfer with the conduct and proceedings of the NACC that is supposed to be an Independent Organization creates a conflict of interest. Panthep should have left at the end of his tenure regardless of Prayut's extension as a matter of ETHICAL CONDUCT - something that seems short-lived in the currebt regime.

I think the NACC has become something it was not intended to be, and in doing so, it has become yet another pawn of the power politics of Thailand.

I believe the NACC (a commission) was intended to be the independent organization that would monitor and uncover corruption, understand the roots of corruption, and promote the policies and strategies for Thailand to truly reduce corruption over the long term. That could include recommending new laws, and large scale systemic changes (reorganizing RTP for example).

I do not believe NACC was intended to be an in-depth investigator of individual cases of corruption, nor were they supposed to be the prosecutors of cases, as this would effectively usurp the role of critical Thai institutions of law enforcement and justice.

It hasn't gone that way. NACC is now down "in the weeds", selectively pursuing individual cases, and acting as prosecutor. This makes them highly susceptible to improper influence and abuse of power. Under the current government, with no effective oversight for the NCPO, nor any way to restrain their actions, the potential for abuse is even greater.

Edited by phoenixdoglover
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