Constitutional Court may make prime minister decision Thursday

The decision on Prayut Chan-o-cha’s future and the prime ministership may be decided this week as the Constitutional Court scheduled a special meeting on Thursday to discuss it. Last Thursday his legal team submitted a 30-page document that lays out his defence against all the arguments regarding his term limits to the Constitutional Court.

The court will review this document, as well as statements from two legal experts regarding the prime minister matter. The first is Pakorn Nilprapunt, who was previously secretary-general of the Charter Drafting Committee and now serves as the secretary-general of the Council of State which is in charge of giving the government legal advice. The second is Meechai Ruchupan, who also worked at the Charter Drafting Committee, serving as its chair.

The details of the two legal expert’s submissions and opinions on Prayut’s term-limit end date have not been made public.

Although the Constitutional Court is set to discuss Prayut’s fate since being suspended as PM on August 24, it might not be wise to hold your breath for a ruling this week. They stated that a decision would only be announced if the court was in unanimous agreement. If any of the judges have doubts or require more information, they may request further evidence and put off a ruling until a future meeting of the court.

The debate over his ability to remain as PM hinges on when the court decides on his official start date. The Constitution adopted in 2017 lays out the term limit clearly in Section 158, but does not specify if it is retroactive – as in, does Prayut’s time in office count before its adoption?

“The prime minister shall not hold office for more than eight years in total, whether or not holding consecutive terms. However, it shall not include the period during which the prime minister carries out duties after vacating office.”

Many argue that the eight-year countdown began on August 24, 2014, when Prayut was first officially appointed to the role after seizing power in a military coup just a few months earlier. But the main bone of contention is that the Constitution was not ratified until four years later.

Others argue that the legal start date of his term was April 6, 2017, when the constitution was published in the Royal Gazette after being signed by His Royal Majesty King Vajiralongkorn. Some other pro-Prayut factions believe his term started on June 9, 2019, the date the suspended PM started his second term since it was the first term under the new constitution.

SOURCE: Bangkok Post