NLA to discuss and vote on impeachment case on Friday
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National Legislative Assembly whips resolved yesterday that the assembly should discuss and vote on whether it has the authority to impeach two prominent politicians from the previous government on constitutional charges, NLA whip spokesman Dr Jetn Sirath
The National Anti-Corruption Commission had earlier recommended that the Senate launch impeachment proceedings against former Parliament president Somsak Kiatsuranont and former Senate deputy speaker Nikom Wairatpanich.
The NACC found the pair guilty of allegedly violating the Constitution by pushing for amendments in regard to composition of the Senate. The agency made the recommendation before the Senate was dissolved after the May 22 coup.
Jetn said the impeachment issue would be debated on Friday.
NLA members would be given time to discuss if the agency has the authority to impeach the politicians before calling a vote on the matter.
He said the NLA decision on this matter would not set a norm for other impeachment cases because the alleged offences were different.
Academics and lawmakers are split on whether the NLA has the authority to impeach the politicians. Those who support the move argue that the NLA acts as the Senate, which had the capacity to impeach previously, and although the 2007 charter is now defunct, the NLA provisions 58 and 64 of the National Anti-Corruption Act 1999 are still in effect.
The provisions clearly stipulate 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.
Nikom has threatened to take the NLA to court if it seeks to impeach him, saying the alleged offence was filed under the previous charter, which is now defunct.
Jetn said the whips decided that the NLA should discuss and vote on whether it has authority to impeach based on Article 5 of the interim charter. The provision stipulates that should there be legal disputes over any issues, the NLA can make such decisions. “This means we do not need to seek a Constitutional Court ruling,’’ Jetn said.
