Court ruling makes filling cabinet ‘hard’

Lack of clarity over’ integrity’ an problem

The visit of government officials will require more cautious concern, especially in light of the Constitutional Court’s decision to reject a plea to understand one of the criteria that a prospect must meet, said Prime Minister’s Office Minister Chousak Sirinil.

According to Mr Chousak, who submitted the complaint, the Constitutional Court’s refusal to understand what is meant by” distinct honesty”, which is listed as one of the criteria for nominating a candidate for a ministerial article, will make it “extremely difficult” to complete the case.

Mr Chousak said the condition is obscure and, as such, is open to interpretation– providing a base for disqualifying high-profile political article holders, the most recent of which was original premier Srettha Thavisin.

For example, parking in the wrong spot could be regarded as an act of dishonesty, which could then render someone ineligible to become a cabinet minister, he said.

He insisted the requirement should be further clarified as it has a bearing on the rule of law.

” However, since the court refused to give us an answer, we don’t know exactly what to do. From now on, we will have to solely rely on our own judgement”, he said.

The petition submitted by Mr Chousak was related to Section 160 of the constitution and Section 9 of the Holders of Political Positions Act.

Section 160 of the charter outlines the qualifications required to become a cabinet minister and political office-holder. It says ministers must demonstrate” clear honesty” and must not have committed any serious ethical violations.

Section 9 of the Holders of Political Positions Act says these individuals must meet moral standards.

The petition is believed to be linked to the removal of Mr Srettha as prime minister by the Constitutional Court in August last year. He was removed as PM over an ethical violation relating to his appointment of Pichit Chuenban, who was convicted of a crime, as a cabinet minister.

In its ruling on Wednesday, the court said any request for a ruling must directly concern the duties and powers prescribed in the constitution and any petition filed must be submitted after a dispute has already occurred.

It said the petition sought an interpretation of constitutional provisions rather than a resolution of a dispute over duties and powers, so it did not meet the criteria for a judicial review.

” Politicians are no priests, but even priests can make a mistake. We will see how we can make our politics cleaner”, said Mr Chousak.

The minister said the constitution should be clearly worded to leave no room for differing interpretations.

This is why the Pheu Thai Party is pushing for the constitution to be amended, he said.

Deputy Prime Minister Phumtham Wechayachai echoed Mr Chousak’s view, saying the prime minister needs to exercise extra caution when picking a candidate.