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Thai Court Suspends PM Prayuth For Overstaying Term Limit

According to Section 158 of the 2017 charter, the term of a PM is limited to eight years, regardless of whether or not those years are consecutive.

August 25, 2022
Thai Court Suspends PM Prayuth For Overstaying Term Limit
Thai Prime Minister Prayuth Chan-ocha
IMAGE SOURCE: REUTERS

On Wednesday, Thailand’s Constitutional Court suspended Prime Minister (PM) Prayuth Chan-ocha while it assesses a petition submitted by opposition lawmakers that claims that the leader has overstayed his time in office.

A panel of nine judges voted 5:4 to accept the petition, which was forwarded to the court by the Secretariat of the House of Representatives, where it received the backing of 171 out of 500 members.

In the meantime, Deputy PM Prawit Wongsuwon, 77, has automatically taken over as the country’s caretaker PM. Government spokesperson Anucha Burapachaisri announced that although Prayuth has been suspended as PM until the ruling, he will continue serving as Thailand’s defence minister.

He added that Prayuth has called on the public “to respect the court decision” and “refrain from criticising the judiciary to uphold the rule of the law” and “maintain peace.”

The suspended leader now has 15 days to respond to the court’s decision. 

Moreover, all hope is not lost for the embattled PM’s time in power. Fellow Deputy Prime Minister Wissanu Krea-ngam said after the court’s decision was announced yesterday that if Prawit excuses himself from the role in the future, General Prayuth could fill it in his continuing capacity as cabinet minister.

Thailand has six deputies, including Wissanu, who are next second in line after Gen. Prawit. “If all the six deputies are unable to fill in, other members of the cabinet, including Gen Prayuth., who holds the defence minister post concurrently, can assume the acting prime minister role,” Wissanu said. He also clarified last Friday that Prayuth can only be barred from assuming the caretaker role if he is instructed against doing so by the court.

Although opposition and Pheu Thai Party leader Cholnan Srikaew welcomed the suspension order, he called on the acting PM and the cabinet to avoid making “inappropriate” moves. Cholnan also asked the public to “keep a close watch.” “The public must keep a close watch. If they act in the public interest, it is fine. But they shouldn’t build a network or make a reshuffle. That’s inappropriate,” he said. The opposition leader acknowledged, however, that the court’s decision would ease political conflict in the meantime.

Pita Limjaroenrat, an opposition leader from the Move Forward Party, meanwhile, expressed concern that the decision has created a political vacuum, saying that acting Prawit is no better than Prayuth.

The leadership shuffle comes after a petition calling on the court to rule on an article in the constitution that limits the time that a PM could hold office. According to Section 158 of the 2017 charter, the term of a PM is limited to eight years, regardless of whether those years are consecutive or not, in order to prevent him from staying in power too long. Based on this clause, several lawmakers insisted that Prayuth’s tenure ended on Tuesday, August 23, 2022.

The Pheu Thai Party, the country’s main opposition party, believes that Prayuth, who forcefully grabbed power in a 2014 coup by overthrowing its democratically elected government, should have stepped down by August 24, arguing that his stint as junta chief counts toward his term. Prayuth assumed the role of a civilian PM in 2019 after an election was held under a military-drafted constitution.

Therefore, some supporters argue that his term began in 2017, when a new constitution came into force, or after the 2019 election. Therefore, the court rejects the petition and Prayuth is able to retain minimum backing in parliament, he could stay in power until 2025 or 2027. Although the country’s general election is due next May, a sitting PM may call early elections by dissolving the elected House of Representatives.

However, ruling party members have said that fresh elections are unlikely until after Bangkok hosts the Asia-Pacific Economic Cooperation leaders’ summit in November. Foreign Minister Don Pramudwinai said on Wednesday that the cabinet has “a detailed plan in place on how to continue functioning.”

The court is expected to deliver a decision by next month. If it rules that Prayuth has completed his term limit, the elected parliament will then select a new PM from among candidates who contested the 2019 election.

Against this tense backdrop, the past couple of days have been marked with street protests calling for the PM’s resignation. Authorities increased the deployment of security personnel in the capital soon after the news of the petition was made public. Additionally, police placed shipping containers to barricade streets leading to government buildings in anticipation of a possible public uproar, including those leading up to the Government House.

Calls for the PM to resign have been growing louder and increasingly frequent in Thailand. Anti-government protests have continued even as the authorities have banned public gatherings during the COVID-19 emergency act.

“I am very pleased. Gen. Prayuth has stayed for a long time and had no vision to develop the country at all. At least taking him out for now might make Thailand move forward a bit,” Wuttichai Tayati, a 28-year-old citizen, told the Associated Press while protesting in Bangkok on Wednesday.