Anti-corruption bill allows junta to neutralize checks and balances

A new organic bill appears to breach the constitution, by allowing the current National Anti-Corruption Commission (NACC) chair, who has a close connection with the junta, to continue in office despite being constitutionally ineligible. 
 
Over the past week, the Thai public has questioned the NACC over its ability to investigate corruption allegations surrounding the National Council for Peace and Order (NCPO), given that NACC Chair Pol Gen Watcharapol Prasarnratchakij has close ties with Gen Prawit Wongsuwan, the NCPO deputy chairperson. 
 
The NACC has now made headlines again after several members of the junta-appointed National Legislative Assembly (NLA) voiced concerns that the draft organic bill on the NACC might be unconstitutional. 
 
NLA whip Jetn Siratharanon revealed on 16 November that he is collecting signatures of those who oppose the bill and will petition the Constitutional Court to rule whether the law is unconstitutional.
 
Article 178 of the organic bill seems to be the biggest concern to NLA members. The section allows the current chair and members of the NACC to continue serving until they have been in office for a total of nine years, regardless of their qualifications. 
 
According to the 2017 Constitution, members of the NACC, as well as other independent state agencies, must not have held a position in parliament or government during the past 10 years.
 
Watcharapol should theoretically be disqualified from the NACC because he was previously a secretary to Deputy Prime Minister Prawit. Various legal experts and even the junta’s lawmakers have criticised Article 178 as an effort to secure a seat for Watcharapol.
 
None of the current commissioners would be qualified to sit on the NACC under the constitution. 
 
Some politicians accuse the NCPO of trying to prevent future investigations into its own corruption, by manipulating the makeup of the NACC. 
 
“If the current NACC stays in office, this is the same thing as having the NACC appointed through interference from the NCPO,” said Chaturon Chaisang, a leading politician from Pheu Thai. “The NCPO is trying to maintain its power after the election, no matter the cost. The problem is that if the NCPO is successful and establishes a government with an outsider PM, who will scrutinise the government?” 
 
But the NACC chair appears unworried by the criticism. Watcharapol even challenged the NLA to petition the Constitutional Court, saying that he is willing to resign if the court rules the bill unconstitutional.
 
“Make it clear. If one day I am dismissed from office, I will thank you and come to say goodbye. But if not, I will have to work even harder,” Watcharapol stated.
 
 
Watcharapol Prasarnratchakij (left), Gen Prawit Wongsuwan and his Richard Mille watch (Photo from Prachachat)
 

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