Thai vote of confidence referendum, 2008

A vote of confidence on the government of Prime Minister of Thailand Samak Sundaravej in the form of a referendum was supposed to be held in Thailand later in 2008. [ [http://www.bangkokpost.net/topstories/topstories.php?id=130377 Referendum on crisis] , Bangkok Post, September 4, 2008.] The vote is being called to determine if Samak's government should stay in office following the 2008 Thai political crisis. However, the Constitutional Court of Thailand sacked Samak from office on September 9, 2008, Samak was replaced by the Deputy Prime Minister Somchai Wongsawat after a vote in the National Assembly of Thailand on September 17, 2008. [http://www.hindu.com/thehindu/holnus/003200809171023.htm] [cite news
url=http://news.bbc.co.uk/2/hi/asia-pacific/7615950.stm
publisher=BBC News
title=Thai party names nominee for PM
date=2008-09-15
accessdate=2008-09-15] [ [http://www.nationmultimedia.com/breakingnews/read.php?newsid=30083655 Somchai elected new prime minister] ] [คำวินิจฉัยศาลรัฐธรรมนูญที่ 12-13/2551. [ออนไลน์] . เข้าถึงได้จาก: [http://www.concourt.or.th/download/Center_desic/51/center12-13_51.pdf http://www.concourt.or.th/download/Center_desic/51/center12-13_51.pdf] . (เข้าถึงเมื่อ: 12 กันยายน 2551).]

Background

The Cabinet of Thailand held a meeting at the Royal Thai Army Headquarters in Bangkok in which plans for a referendum on the government after PM Samak refused to call for a dissolution of parliament and hold snap elections or he and his government will resign. [ [http://www.channelnewsasia.com/stories/afp_asiapacific/view/373670/1/.html Thai PM refuses to resign or call elections] , Channel News Asia, September 4, 2008.] Culture Minister Somsak Kiatsuranond announced to the media on the proposal after the special cabinet meeting. The Council of State is currently deciding on the referendum question and the details of the referendum. [ [http://www.bangkokpost.net/topstories/topstories.php?id=130377 Referendum on crisis] , Bangkok Post, September 4, 2008.] He said the cabinet members are planning a referendum which ask voters on the government and the current cabinet - even giving voters an opportunity to comment on the ongoing political crisis and standoff in Bangkok. Questions might include whether voters approve of the government, want it to resign, or favor a new election. "Prime Minister Samak (Sundaravej) sees this as the best solution," said by the Culture Minister.

Disqualification of Premiership

Court Decision

The Senate President lodged a complaint with the Constitutional Court of Thailand (ConCourt) on 2 June 2008, and the Election Commission of Thailand (ECT) submitted a similar complaint 29 July 2008. The complaits requested the ConCourt to decide whether the premiership of Samak Sundaravej is terminated upon Section 91, Section 182 Paragraph One (7) and Section 267 of the Constitution of the Kingdom of Thailand (2007).

On 9 September 2008, 15.30 hours, the ConCourt with Justice Chat Chonlaworn sitting as the President rendered its decision as follows: [คำวินิจฉัยศาลรัฐธรรมนูญที่ 12-13/2551. [ออนไลน์] . เข้าถึงได้จาก: [http://www.concourt.or.th/download/Center_desic/51/center12-13_51.pdf http://www.concourt.or.th/download/Center_desic/51/center12-13_51.pdf] . (เข้าถึงเมื่อ: 12 กันยายน 2551).]

1. The essence of the first complaint (Senators' Complaint) could be summarised as follows: as Sundaravej was a holder of the political position as a Prime Minister, he was under the subject of Section 267 of the Constitution of the Kingdom of Thailand (2007) prohibiting the Prime Minister and Ministers from having any position in a partnership, a company or an organisation carrying out business with a view to sharing profits or incomes or being an employee of any person. However, Sundaravej, who acknowledged the purpose of such Section so well, still worked for the Face Media Co., Ltd. as emcee of two cookery shows, "Chim Pai Bon Pai" (Tasting and Grumbling) and "Yok Khayong Hok Mong Chao" (All Set at 6am), and ceased from such works just when the ECT received a complaint concerning the case. Therefor, the Senators exercised their right under Section 91 requesting the President of the Senate to submit their complaint to the ConCourt to make a decision as said.

2. The essence of the second complaint (ECT's Complaint) could be summarised as follows: On 17 April 2008, Senator Ruangkrai Leekijwattana lodged with the ECT a complaint that Sundaravej, pending his premiership, worked for Face Media Co., Ltd. which was a private company having commercial purpose. This was in breach of Section 267 of the Constitution of the Kingdom of Thailand (2007) and led to the termination of his premiership as of the date the said prohibited act was performed. The ECT has appointed an inquisitorial panel to look into the case and discovered that it was a "prima facie" case, so it unanimously resolved to forward the case to the ConCourt to make a decision as said.

3. Sundaravej, after having received a "quo warranto", represented to the accusation through submitting the letters dated 30 June, 14 August and 25 August of 2008 to the ConCourt, stated that:

* 3.1) he received no remuneration for being the emcee of both cookery TV programmes, but only 5,000 Baht as travelling costs.

* 3.2) he held no interests, shares or positions in the Face Media Co., Ltd. as well as received no salaries or other benefits from the said company.

* 3.3) as being the emcee of both programmes, he has been invited, not employed. This meant he was not an employee under the definition prescribed in the Labour Protection Act, BE 2541 (1998) and the Announcement of the Ministry of Interior Re: Labour Protection (No. 111).

* 3.4) as he has been seen on the said programmes after having assumed the premiership, those shows were pre-recorded for months and he has already ceased from being the emcee prior to having been in office.

4. The ConCourt considered that:

* 4.1) The spirit of this Constitution is to prevent against the conflict of interest which may cause the condition of misconduct—the condition compelled to choose between self-interest and public interest—to be occurred. Should a holder of the position offered by the public be mindful on his own interest beyond the public interest, he could conduct an abuse of his power. Therefor, the accomplishment of the spirit of the Constitution is not only to construct the term "employee" through the definition under the Civil and Commercial Code, the law on labour protection or the law on taxation, as each law contains different spirit and purposes of enforcement; as well as the siad laws are at the lower class than the Constitution. The term "employee" under the Constitution holds broader meaning than that of any other laws, and should be interpreted in a general path. For which the Official Dictionary of Thai Words by the Royal Institute, 1999 Version defined the term "employee" that "a person who works for any job; a person who agrees to work for other person, irrespective of how he is called."

* 4.2) Sundaravej gave an interview in the Sakul Thai Magazine vol 47 (Tuesday 23 October 2001) pp 37 that he was monthly paid 80,000 Baht for being the emcee of the said programmes. And pursuant to the letter Sundaravej replied to the Face Media Co., Ltd. on 25 December 2007 that he will do this work [being the emcee] without receiving anything as usual, this kind of letter has never been made by Sundaravej prior to being inquired by the ECT. As well as the affirmation of Sundaravej that he had received only the travelling costs from the Company was in contrary to the witnesses' testimonies and to the taxation evidences showing that what Sundaravej previously received was the payments for working, not only the travelling costs as he represented.

* 4.3) As Sundaravej defended himself that the programmes aired after he was in office were pre-recorded for months ago; however, in one of the said programmes Sundaravej stated that: "...Came agian those people who wanted to find a person to replace Mr Samak as boisterously appeared on the news. Yes, that group, the group which delivered an ultimatum to Mr Samak to resign. They newly discovered that the programme 'Tasting and Grumbling' was in breach of law. Because, as I assumed the premiership...and you know, they said that it [the Constitution] told that I was unable to be a temporary employee, permanent employee...But, I have to fill my words into your ears that after having been in the premiership for three months, I am engaging in such work still. Because I have got some counsels from the top legal advisers that..." This was a defence contrary "per se".

* 4.4) These were the clear traces of guilt. According to the conclusion of fact, it could be concluded that Sundaravej was an employee to the said Company. Moreover, three Constitutional judges deemed that Sundaravej portrait and the picture of rose apple mocking Sundaravej’s nose using as a logo of the "Tasting and Grumbling" programme as well the status of being an emcee and the use of the name "Tasting and Grumbling", a popular quote of Sundaravej, were the acts of engaging in a joint affair with a commercial purpose which were in breach of Section 267 of the Constitution. And another six judges deemed that it was not necessary to decide no more for what position Sundaravej held in the said Company, as he was manifestly breached the law.

5. Therefor, the ConCourt, by the unanimous resolution, delivered a decision that Sundaravej has performed the acts in breach of Section 267 of the Constitution of the Kingdom of Thailand (2007) which individually led to the termination of his premiership in accordance with Section 182 Paragraph One (7) of which, and called forth the vacating from office of the entire Council of Ministers under Section 180 Paragraph One (1). However, as the premiership has individually been terminated, all Ministers other than Sundaravej could remain in office as a caretaker government and continuing their functions until the new Council of Ministers is sworn in.

Reactions Following the Decision Delivery

Karn Tienkaew, deputy leader of Samak's People's Power Party, said it planned to propose a parliamentary vote Wednesday on returning Samak to power: "Samak still has legitimacy. The party still hopes to vote him back unless he says no. Otherwise we have many other capable candidates." [ [http://ap.google.com/article/ALeqM5hG71oGl1LokvZphtDQZzL44nzc3QD9334SVG0 ap.google.com, Thai leader forced to resign over TV cooking show] ]

On 10 September 2008, however, the PPP shied away from their earlier statement they would renominate Sundaravej and was apparently looking for an alternative candidate instead; [http://news.bbc.co.uk/2/hi/asia-pacific/7607863.stm] the new PM was to be nominated on 12 September 2008. [http://english.people.com.cn/90001/90777/90851/6497230.html]

People Power Party's deputy spokesman Kuthep Suthin Klangsang, on September 12, 2008, announced that: "Samak has accepted his nomination for prime minister. Samak said he is confident that parliament will find him fit for office, and that he is happy to accept the post. A majority of party members voted Thursday to reappoint Samak. Samak is the leader of our party so he is the best choice." Despite objections from its coalition partners, the PPP, in an urgent meeting, unanimously decided to renominate Samak Sundaravej. 5 coalition parties, namely Chart Thai, Matchima Thipataya, Pracharaj, Puea Pandin and Ruam Jai Thai Chart Pattana, unanimously agreed to support the People Power party (PPP) to set up the new government and vote for the person who should be nominated as the new prime minister. Chart Thai deputy leader Somsak Prissananantakul and Ruam Jai Thai Chart Pattana leader Chettha Thanajaro said the next prime minister who will be nominated on Friday. Caretaker prime minister Somchai Wongsawat said PPP secretary-general Surapong Suebwonglee will notify the 5 parties who the PPP nominates to take office again. [ [http://www.bangkokpost.com/breaking_news/breakingnews.php?id=130591bangkokpost.com, Coalition parties to hold meeting this evening] ] [ [http://ap.google.com/article/ALeqM5hG71oGl1LokvZphtDQZzL44nzc3QD934BSU00 ap.google.com, Thai ruling party re-nominates leader as PM] ] [ [http://news.xinhuanet.com/english/2008-09/11/content_9921780.htm news.xinhuanet, Party spokesman: Samak accepts PM nomination] ] Some lawmakers, however, said they will propose an alternate candidate. Meanwhile, Thailand's army chief Gen. Anupong Paochinda said he backed the creation of a unity government that would include all the country's parties, and he also asked for the lifting of a state of emergency that Samak imposed on September 2. [ [http://edition.cnn.com/2008/WORLD/asiapcf/09/11/thailand.pm/ edition.cnn.com, Thai ruling party nominates Samak for PM] ]

On 12 September 2008, the quorum for selecting the new PM was not reached and the decision was delayed to 17 September 2008 in an event seen as signaling the end of Samak's career. [http://www.bloomberg.com/apps/news?pid=20601091&sid=adEI7.TVNFfE&refer=india] After its four coalition partners stated they'd prefer someone else to become PM instead of Samak, the PPP agreed to drop his nomination. [http://news.bbc.co.uk/2/hi/asia-pacific/7612271.stm]

References