Suspended prime minister Paetongtarn Shinawatra has come under mounting political pressure as she prepares to be sworn in as minister of culture despite a Constitutional Court order that temporarily bars her from performing her duties.
The court is expected to take at least a month before ruling on whether to remove Ms Paetongtarn from office on ethical grounds for her handling of a telephone call with former Cambodian premier Hun Sen.
Acting prime minister Suriya Jungrungreangkit will lead Ms Paetongtarn and others in a swearing-in ceremony for the reshuffled cabinet on Thursday. However, several senators argue this move may be unconstitutional and ethically problematic.
According to a Senate source, multiple senators are discussing whether to pursue a legal interpretation from the court.
Two primary issues are under consideration: Ms Paetongtarn’s self-nomination for the post of culture minister while she is already under an ethics investigation, and the role of Mr Suriya, who will lead Ms Paetongtarn in taking the oath of office, even as the court deliberates on whether to remove her from the premiership entirely.
“Only government-affiliated legal experts believe Ms Paetongtarn can proceed in taking the oath and serving as a minister,” said the Senate source, asking not to be named.
“But most independent legal experts agree that this is constitutionally questionable and likely impermissible.” (Story continues below)
Just standing in: Acting Prime Minister Suriya Jungrungreagkit (centre) is seen at Government House on Wednesday. He is expected to lead new cabinet ministers in a swearing-in ceremony on Thursday instead of suspended PM Paetongtarn Shinawatra. However, once the ceremony ends, Phumtham Wechayachai will become acting PM by virtue of his new role as interior minister. (Photo: Government House)
Court clarification needed
The source added this situation is unprecedented and requires judicial clarification.
“If Ms Paetongtarn and Mr Suriya believe their actions do not violate ethical standards, then they may proceed — but the Senate is prepared to submit a petition to the Constitutional Court to establish a legal precedent, if and when the act occurs.”
Tul Sitthisomwong, representing the protest group United Power of the Land to Protect Sovereignty, on Wednesday submitted a formal petition to the Senate Speaker, urging the upper chamber to request a court ruling on whether Ms Paetongtarn should be disqualified as culture minister.
The petition argues she lacks the constitutional qualifications to serve as a cabinet minister under Sections 160 (4) and (5) of the charter, as she is currently suspended from performing her duties as prime minister.
Mr Suriya said that ordinarily, Deputy Prime Minister and newly appointed Interior Minister Phumtham Wechayachai would assume the acting premiership.
However, Mr Phumtham is unable to take on the role, having vacated his previous positions as deputy prime minister and minister of defence, and is awaiting a royal audience to take the oath of office for his new portfolio on Thursday.
Mr Suriya said that once Mr Phumtham completes the swearing-in process, he will formally resume the post of acting prime minister. A signed appointment document has already been prepared.
Chousak Sirinil, the PM’s Office Minister, said he believed the critics are mistaken to claim that Ms Paetongtarn is not qualified for the ministerial post.
“To interpret it in such a way implies the prime minister has been found guilty or has definitively lost her qualifications,” he said.