Divided NLA postpones impeachment

The National Legislative Assembly (NLA) yesterday postponed its decision on whether to consider impeachment cases against the former Parliament president and his then deputy, after NLA members failed to reach agreement on this contentious issue.

At yesterday’s closed-door meeting, 165 members of the 220-strong NLA voted to postpone indefinitely a decision on whether to proceed with impeachment cases against Somsak Kiatsuranont and Nikom Wairatpanich. They agreed that documents from the National Anti-Corruption Commission submitted to the NLA on this matter were “incomplete”.

A total of 165 NLA members also voted for exemption of a meeting regulation that the NLA President, Pornpetch Wichitcholchai, include an impeachment case in the assembly’s meeting agenda within 30 days of the NACC submitting a case to the NLA.

The NLA president will now decide when to table the matter for a future debate by members of the assembly.

The delay in the impeachment case has raised doubt among observers as to whether political office holders will be impeached, amid legal doubts over whether this is possible because the 2007 Constitution, which details the process of impeachment, was abolished after the coup on May 22.

Many members of the NLA have expressed concern that impeaching political office holders, in the absence of the 2007 Constitution, may land them in legal trouble, although the NACC has said that impeachment of the targeted politicians can be done under the existing anti-graft law. A political office holder who gets impeached would face a five-year ban from politics.

A number of politicians from the previous administration and legislature have been targeted by the anti-corruption agency for impeachment. 

Yesterday’s NLA meeting was set to decide whether to endorse an NACC suggestion that Somsak and Nikom be impeached – for alleged violation of the previous constitution in connection with bids to amend that charter.

The NACC also has submitted a request for the NLA to decide whether to impeach former prime minister Yingluck Shinawatra, in connection with her government’s allegedly corruption-plagued rice-pledging scheme, which cost the country billions of dollars. Yesterday’s postponement may also result in Yingluck’s case being delayed.

Observers have raised doubts as to whether the National Council for Peace and Order, after its ousting of the Yingluck government, is serious about impeaching politicians from the previous administration. 

They noted that the provisional charter does not clearly specify the issue of impeachment or clearly identify the NLA’s power in this regard, although the charter states that the assembly acts as both the House of Representatives and Senate.

Deputy Prime Minister Wissanu Krea-ngam, who was one of the drafters of the interim charter, said that the issue of impeachment was intentionally omitted from the charter so it would not be too long. But some observers felt this excuse was rather lame.

NLA member General Noppadol Inthapanya, who is close to Deputy Prime Minister and Defence Minister General Prawit Wongsuwan, and other NLA members – retired military and policemen – reportedly don’t want to proceed with the impeachment cases. 

They believe that because the 2007 Constitution is defunct, impeachment proceedings could spur legal action. 

A source said other members don’t want to create conflict and would rather promote reconciliation. 

However, NLA members who are anti-Thaksin ex-senators want impeachment to go ahead. 

NLA vice president Surachai Liengboonlertchai said after the meeting he expected the matter to be postponed for about two weeks. He added that the NLA members failed to settle a number of differences at their meeting, which lasted almost four hours.

Somchai Sawangkarn, another NLA member, said yesterday that members of the assembly needed more time to read more than 4,500 pages of documents submitted by the NACC in connection with the case.