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September 2002 : Enactment of the Reform Bill
The House of Representatives voted to pass the bills on bureaucratic reform and changes of ministries under the state sector and submitted for royal approval. The NCCC unanimously agreed that former public health minister, Rakkiat Suktana is unuaslly wealthy and intentionally hid his asset. The cabinet approved Veeraphol Duangsoongnern return to office. Four Constitutional Court judges retire on October 10. Governmen whip set up a panel to study local administration system within 45 days. The House passed a law on amendment of poll count. The Senate chose Jarupat to replace Sirin in the EC and Ubon Ratchathani bye-election was officially endorsed. Two political parties dissolved.
Royal signature for the Reform Bill
The Secretariat Office of the Cabinet submitted the draft bills on bureaucratic reform and changes to ministries under the state sector to His Majesty the King for royal signature upon approval. The Bureaucratic Reform Bill passed the House of Rep with 247 vote to 42 abstained and the Ministries Changes Bill passed 334 to 104 vote and 1 abstained on September 23 and 24 respectively. The original government version was slightly amended in the House of Senate on Article 7 to bring the Consumers Protection Board back to the Prime Minister's Office.
The opposition party instantly submitted a letter to the House Speaker, Uthai Pimjaichon, asking the speaker to send the bills to the Constitutional Court to rule whether Article 49 and 50 breach Article 262 of the Constitution or not.
Mr. Uthai refused to pass the letter to the Court on ground that the bills had passed the consideration process and in doing so might insult a royal consideration. The opposition party then accused the Speaker of negligence.
The two articles heavily debated by the opposition party were Article 49 and 50. The first one is on the government procedure to issue a royal decree to change any state agencies while the latter allows the prime minister to shift ministers without royal appointment. As the royal decree is lesser hierarchy than the bill and need not pass the Houses the debates was on the government absolute authority and in bureaucratic reform insulting the Constitution.
The opposition party called for setting up a joint House-Senate panel to reconsider the bills but the government refused and won the two votes.
Unusual wealth
The National Counter Corruption Commission (NCCC) unanimously agreed that former Minister of Public Health, Rakkiat Sukthana is guilty on 1] intentionally concealed his assets and 2] acquired an unusual wealth of 233 million baht while he was in office.
NCCC will submit the case to the Constitutional Court to rule and if the Court agrees with NCCC Mr. Rakkiat will be bared from political position for 5 years, starting from September 6 when he resigned, in accord to Article 295 of the Constitution. Furthermore in accord to NCCC Act Article 80(1) the Commission will forward Mr. Rakkiat investigation to the Chief State Attorney to try case at the Supreme Court 's political crime section. If the Court find guilty, the 233 Million baht will be seized to state property. Mr. Rakkiat, claiming the money was made from gambling in Australia, has file a criminal lawsuit against 14 NCCC executives on false corruption against him.
The former minister and Udon Thani MP is also accused of corruption while he took office when he took 5 million baht bribery from medical supplies. The trial is under NCCC investigation expecting to be completed by year end.
The investigation revealed that Mr. Rakkait failed to declare his asset by 1] put 40 million baht in bank accounts belonging to other people, 2] put title deeds of land 894 rai in Loi worth 13.2 million baht in other people's holding, and 3] lied when caliming his debts of 22 million baht.
The former minister, after leaving office, has several bank accounts in his name and other proxies total 451 million baht in which 233 million baht could not be identify the source of acquisition. This money, then, is considered an unusual wealth.
Veerapol back to office
The cabinet accepted the Civil Service investigation sub-panel's recommendation to put Mr. Veerapol Duangsoongnoen, former Public Relations Department chief, back to work as an inspector-general of the PM's office on ground that his guilt had no intention of corruption but had made a blunder by altering a bidding committee's report suggesting the department call a new contest for computer procurement.
Mr. Veerapol and another official, Mr. Chusak Rongsawat, former chief of Information Technology Center Department, were found guilty by the National Counter Corruption Commission (NCCC) in the Public Relations Department computer procurement worth 12 million baht and were discharged from their office in 2001. Both appealed to the Civil Service Commission, which appoint a panel chaired by Khanueng Reuchai to re-investigate the corruption allegation.
The cabinet decision has an impact on the upcoming ruling so the Commission asked the Constitutional Court to rule on the authority of the NCCC, in accord to Article 266 of the Constitution, and Article 96 of the NCCC's Act whether the state agency could overturn the Commission's verdict.
The State Attorney Office is prosecuting Mr. Veerapol and Mr. Chusak on forgery of a document and abuse of authority in connection with the computer procurement in 1999.
4 Constitutional Court judges retire
The Office of the Constitutional Court submitted a name list of 4 retired judges on October 10, 2002 as 1] Mr' Issara Nithithanprapas, 2] Mr. Suchinda Yongsoonthorn, 3] Lt. Gen. Jul Atirek, and 4] Mr. Anant Ketwong to be be retired in regards to Article 315 of the Constitution requires the judges appointed by the previous unelected senate to leave half way through a judge's normal nine-year term. However, Mr. Issara, the president judge also faces mandatory retire at the age of 70.
The selection process of judges to replace should begin soon by the senate.
Local government system study
The House Coordination Panel (government whip) set up a panel, chaired by Pramual Rutchanaseri, TRT party list MP, to study and make recommendations on the most suitable local government administration system, management and supervision. The study should be finished in 45 days starting from August 29.
Regards to the representations of TAO submitted a letter to the PM last month asking for reconsideration the TAO bill voted down in the House on August 27 on argueing of direct polling of tambon administration chairperson. The TAO network threatened to stage a rally and collect 50,000 signatures to recall the PM from office.
The panel visited several TAOs through out the country to listen to their problems and obstacles. After the meetings the TAO network representatives agreed to temporarily suspend their action until the study result comes out.
Local government bill passed
The House voted 346 to 14 and 6 abstained to accept a draft bill on Local Administration member election amended by a joint House-senate panel on Article 86 allowing poll count at the polls instead of collection of all ballots to be count at one station. The amendment also authorizes the Election Commission to conduct local government election.
The bill is expected to be enforced soon after HM the King gave royal consent and the EC announced that the Royal Decree on an upcoming local election should be issued not later than January 1, 2003.
Senate chose Jarupat as EC commissioner
The Senate on the second round voted Gen. Jarupat Ruangsuwan, to be the new member of the Election Commission replaced Gen Sirin Thoopklam. Jarupat won Mr. Chuchart Srisaeng, former seniorjudge, 95:92 and 92:91 on the first and second round.
Ubon Ratchathani election endorsed
The Election Commission officially announced Mr. Kittipong Thiemsuwan, TRT candidate to won the September 8th, 2002 election in constituency 10 Ubon Ratchathani. He beat the second runner, Wittaya Nanthpa, Rasadorn Party yellow-carded candidate, with 33,504 to 20,320.
There were 64,988 people or 52 percent of the 125,000 eligible voters came to the poll. 2,550 did not want to cast their ballot while 2,705 were bad ballots due to intention to vote for Mr. Sakchai Jintavej previously disqualified by the EC.
Poll fraud complaints should be submitted to the EC within 30 days after an official announcement.
Dissolution of 2 political parties
The Constitutional Court announced on a dissolution of 2 political parties; Sang San Thai and Thai Ruam Palang, as requested by the EC in accord to Article 65(1) of the Political Party Act.
Sang San Thai Party informed that the party executive and co-founder had resigned on ground of no spare time while Thai Ruam Palang did not meet qualification in Article 29 cited a party should have minimum of 5,000 members and 1 regional sub-office each within 180 days after registration starting from October 15, 2001.
In accord to Article 68 of the Political Party Act the two parties have to submit their bank accounts and balance sheets and other financial documents to the EC registrar within 15 days after dissolution.
Note:
Reference is made to our news summary in January 2002 on dissolution of Thin Thai Party, it should be corrected that the Constitutional Court voted 11 to 2 to disband Thin Thai Party on violated the Political Party Act article 35 by not meeting the March 31, 2001 deadline in reporting the party's annual activities not the finance book as mistakenly reported earlier. The months old political party hasn't yet received the financial subsidy from the government.
Article 35 stated the leader should report the party's annual activities in accord to the registrar's pro forma, to be placed in public, not later than 31 March. Waive is made to party establishes less than 90 days.
Article 65 stated upon the registrar announces the party's dissolution, the case should be submitted to the Constitutional Court for final ruling.
After the Court ruling, Thin Thai Party should submitted its balance sheet and all financial reports to the registrar within 30 days to be forwarded to the Office of the State Audit for final inspection and the party's remaining assets, if any, will be transferred to the Political Party Fund in accord to article 68 of the same Act.
From : http://www.fpps.or.th
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