Uncertainty on NLA's right to impeach
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Matter may be decided by top court
Academics and law-makers yesterday gave a mixed response to the debate over whether the National Legislative Assembly has the authority to impeach politicians from the previous government.
The National Anti-Corruption Commission is reportedly planning to submit the impeachment cases against former senate speaker Nikom Wairatpanich and former House speaker Somsak Kiatsuranont to the NLA.
The NACC ruled earlier this year that Nikom, Somsak and 308 other MPs and senators face impeachment proceedings because they had proposed a bill which sought to amend the constitution and change the composition of the Senate.
The Constitution Court ruled that the bill was unconstitutional.
The Pheu Thai Party is planning to seek a Constitutional Court ruling over whether the NLA has the right to impeach the politicians.
Legal experts presented different views on the matter, especially in response to the NLA’s right to impeach politicians who have been charged by the NACC) under the defunct 2007 Charter.
Academic Dr Jade Donavanik supports the impeachment of politicians despite the previous charter being scrapped.
He said the NLA members acted as senators, who traditionally had the authority to impeach political office-holders.
He said that although the 2007 Charter had been scrapped, provisions 58 and 64 of the National Anti-Corruption Act 1999 were still in effect.
The provisions clearly stipulated that political office-holders who were believed to be unusually rich, corrupt, had abused their authority or violated the charter or any other laws must face impeachment by the Senate. The NLA now acted as the Senate, so it had the authority to impeach politicians.
NLA member Jetn Sirathranont, who also serves as NLA whip, said the offences allegedly committed by Somsak and Nikom could be prosecuted in accordance with the 2007 Charter, but he conceded it would be difficult to impeach them because the charter was no longer in effect.
He said that Article 5 of the charter stipulated that if the charter were no longer in effect, legal officials must make judgements in accordance with protocol and traditions under the constitutional monarchy system.
He said the NLA would have to decide if it had the authority to impeach under this definition.
NLA member Somchai Swangkarn, an NLA whip, said if the NACC submitted the impeachment cases with the NLA the Assembly chairman must call a meeting to urgently make a decision.
He said although the 2007 Charter was scrapped, Article 58 of the National Anti-Corruption Act 1999 was still in effect.
He said the impeachment decision required 132 of the NLA’s 220 member to support the move.
‘NLA has to comply with the law’
NLA second deputy chairman Peerasak Porjit questioned the timing of Pheu Thai’s attempt to seek the court ruling. Peerasak admitted that Pheu Thai had the right to seek the ruling but questioned whether the move was premature since the NLA had not impeached anyone.
He said the NLA had to comply with the law if it impeached anyone. However, if the Constitutional Court ruled that the assembly did not have the impeachment right, it must abide by the decision.
NLA first deputy chairman Surachai Liengboonlertchai said the court’s decision would end the dispute.
He said the NLA would look into the details of the impeachment cases before deciding whether to wait for the court’s decision or go ahead with the impeachment proceedings.
Former Democrat Party-list MP Ratchadaporn Kaewsanit attacked Pheu Thai for trying to block the move.
“If the offence is committed under the previous charter … the offence is no longer an offence?” she said. “If this is the case, law offenders can always escape justice.”
