Constitution does not require it, he says
PRADIT RUANGDIT
Klanarong: Samak
has got it wrong |
The National Counter Corruption Commission is a legitimate body and its members are not required to swear allegiance when they take office, NCCC commissioner Klanarong Chanthik said yesterday.
He was responding to Prime Minister Samak Sundaravej's remarks during his televised talk show that the anti-graft agency set up by the coup-makers was not legitimate because its members had not taken an oath of allegiance before His Majesty the King.
"This NCCC panel is unlawful.
"The panel is an independent agency and is required to be sworn in before carrying out its duties.
"This panel was not sworn in, but is still operating," Mr Samak said.
Mr Klanarong said the present constitution does not require the NCCC or other independent agencies to do so.
Only cabinet ministers and judges are required to pledge allegiance to the King in person.
MPs and senators can do so before the King's portrait in parliament before starting their jobs.
The abrogated 1997 constitution contained a similar provision.
"I can say that before starting work, the NCCC sought confirmation from the cabinet secretariat [during the previous government] whether the commissioners also had to swear allegiance to the King in person," Mr Klanarong said.
"The cabinet's secretary confirmed that NCCC members were not required to do so. The Royal Household Bureau was also aware of it."
Since the commission was set up by virtue of the coup-makers' announcement, which was equivalent to a law, the NCCC's legitimacy could not be questioned, he said.
Mr Klanarong said the NCCC would have to consider matters carefully before launching impeachment proceedings against any holders of political office or against high-ranking officials.
The opposition Democrat party, the People's Alliance for Democracy and some senators have demanded the NCCC impeach Mr Samak and the cabinet for endorsing and applying the Preah Vihear joint communique. The Constitution Court has ruled the cabinet's action unconstitutional.
Mr Klanarong said the commission needs to first establish beyond doubt whether it has the authority to take up the petition.
Even if it accepts the petition, it does not mean the people targeted for impeachment must cease their work right away.
The NCCC must consider the evidence and call in the accused to defend themselves against the allegations.
If it is found there are grounds for impeachment, more than half of the NCCC members are required to vote in favour before the case can be forwarded to the Senate to begin impeachment proceedings.
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