The Constitutional Court has found Prime Minister Srettha Thavisin guilty of a serious ethical breach for appointing convicted felon Pichit Chuenban as a cabinet minister. Consequently, Mr. Srettha has been dismissed from his position after serving less than a year in office.
The ruling, announced on Wednesday, not only terminates all cabinet positions but also allows ministers to remain in a caretaker capacity. Deputy Prime Minister Phumtham Wechayachai will take on the role of acting prime minister until a new leader is elected by the House of Representatives.
In a statement at Government House, Mr. Srettha expressed his respect for the court’s decision, even though it was not the outcome he had hoped for. “I don’t have any authority left,” he stated. “The authority is now with the caretaker prime minister.”
Should Mr. Phumtham be unable to fulfill the caretaker duties, Deputy Prime Minister Suriya Juangroongruangkit will step in, according to Mr. Srettha.
The future administration will be tasked with setting key government policies, including the 10,000-baht digital wallet initiative, the Land Bridge project, and various soft power initiatives, as highlighted by the property tycoon turned politician.
Mr. Srettha indicated his desire to still contribute to the nation in other capacities.
In financial markets, the Stock Exchange of Thailand index dropped 17 points at the time of the ruling but managed to recover, closing the day at 1,292.65, down by 5.10 points compared to Tuesday.
The decision from the nine judges was passed by a narrow 5-4 margin to oust Mr. Srettha from office. Although the prime minister did not attend the hearing, he was represented by his secretary-general, Prommin Lertsuridej. Former senators Direkrit Jenkrongtham, Somchai Sawaengkarn, and Prapan Koonmee represented a group of 40 former Upper House members who filed the original complaint against Mr. Srettha.
The senators questioned whether Mr. Srettha should be removed under Sections 170 (4) and (5) of the constitution, which relate to the ethical conduct of cabinet ministers.
Pichit Chuenban had previously been sentenced to six months in prison in 2008 for attempting to bribe Supreme Court officials. He, along with two colleagues, was found guilty of attempting to bribe officials by delivering a paper bag containing 2 million baht in a lunchbox. Critics deemed him unfit to serve as a cabinet minister. All three were representing former Prime Minister Thaksin Shinawatra and his ex-wife in a land purchase scandal that led to Thaksin’s own conviction.
Pichit had resigned as a PM’s Office minister in May after only three weeks, which was perceived as a move to protect Mr. Srettha from potential legal issues. While the court dismissed the case against Pichit, it proceeded with action against the prime minister.
In his defense, Mr. Srettha argued that, as a businessman, he was not familiar with the rules regarding cabinet appointments. However, the court found this reasoning unacceptable, noting that the controversy surrounding Pichit was widely known.
The judges pointed out that Mr. Srettha had prior knowledge of Pichit’s questionable background, as evidenced by an urgent meeting he held with advisers on April 29 to evaluate Pichit’s qualifications, indicating his awareness of possible issues.
Mr. Srettha, who transitioned from a real estate billionaire to a politician, was one of three candidates nominated by the Pheu Thai Party during the general election last year. He was elected as Thailand’s 30th prime minister on August 22, with a vote count of 482 in favor, 165 against, and 81 abstentions.
What comes next?
Political parties must now determine their nominations for the next prime minister based on candidates listed prior to the May 2023 election. It is anticipated that not all candidates will be proposed, as negotiations are likely to occur between parties in exchange for cabinet positions.
The Speaker will convene the House of Representatives to vote for the next prime minister. Unlike last year, the Senate will not participate in this decision-making process, and there are no specific timelines set for the proceedings.
To be appointed as prime minister, a candidate must receive the support of over half of the 493 lawmakers, which equates to 247 votes. Should a candidate fail to secure this majority, the House will reconvene later to repeat the voting process, allowing for other candidates to be nominated.
The coalition government consists of 11 parties, holding 314 seats in the House.
Prominent candidates for the prime ministership, based on last year’s submitted lists, include Paetongtarn Shinawatra, leader of the Pheu Thai party and 37 years old. However, her father, Thaksin, who maintains a strong influence over party decisions, has reservations about her taking on such a high-pressure role at this time.
Another potential candidate, former Justice Minister Chaikasem Nitisiri, is seen as unlikely due to age and health concerns. Deputy Prime Minister Anutin Charnvirakul, leader of the Bhumjaithai Party and the coalition’s second-largest party, is viewed as a likely compromise candidate.
Other possible contenders include Energy Minister Pirapan Salirathavibhaga, leader of the conservative Thai Raksa Chart Party, and Gen Prawit Wongsuwon, leader of the military-aligned Palang Pracharath Party, who has played roles in the past coups against Shinawatra administrations.
