Thai PM suspended from duties amid legal review of 8-year term

Thailand's Constitutional Court yesterday suspended Prime Minister Prayut Chan-o-cha from his official duties pending the result of a legal review of his eight-year term.

In a statement, the court said it "agreed unanimously" to review a petition from opposition lawmakers, who argue that Mr Prayut, 68, has breached the constitutional eight-year term limit as he became prime minister on Aug 24, 2014.

"The court has considered the petition and relevant documents and sees that the facts from the complaint show cause for concern," said the court statement in Thai.

The eight-year term limit was spelled out in the new Constitution enacted in 2017. The Constitution did not, however, define at what point the term starts.

Although Mr Prayut seized power in a coup in 2014, his supporters say the Constitution cannot be retroactively applied and his term should thus be counted from 2017.

Others say the count should start after the 2019 election, when he became prime minister under the latest Constitution.

The nine-judge court yesterday ruled five to four in favour of his suspension, which will be upheld until the court comes to a verdict. Local media has reported that this could come by next month.

Deputy Prime Minister Prawit Wongsuwan, 77, will serve as caretaker premier in the interim, said government spokesman Anucha Burapachaisri.

The latest challenge for the embattled Premier comes after the main opposition party Pheu Thai filed the petition last week asking the court to rule on when his term as the country's leader should end.

The petition seeks the court's interpretation of Section 158 of the 2017 Constitution, which states: "The prime minister shall not hold office for more than eight years in total, whether or not consecutively."

The court's judgment will determine if Mr Prayut is eligible for re-election to the post in the next general election, expected early next year.

Protesters have rallied across Bangkok for four days now, demanding that Mr Prayut step down.

They say that the eight-year period started on Aug 24, 2014, when the former army chief assumed office after staging a military coup in May that year.

Political science lecturer Khemthong Tonsakulrungruang said legal scholars have conflicting views on the interpretation of the start date.

"There is a genuine academic conflict," said Dr Khemthong, who thinks that the count starts from 2014 as it is the "simplest" reading of the law.

The court order for Mr Prayut to suspend his duties as prime minister has been met with some surprise, he said.

"But after reality sinks in, many people realise that not much has changed. With Prawit in charge, it is more or less the same," he said.

Mr Prawit, who leads the ruling Palang Pracharath Party, is regarded as a political power broker and close ally of Mr Prayut.

Earlier this month, Mr Prawit said that he expects Mr Prayut to be premier for two more years, but did not go into specifics.

Some observers expect the courts to rule in favour of Mr Prayut continuing as prime minister, citing past cases where the Constitutional Court cleared him of wrongdoing.

This includes a 2020 ruling clearing Mr Prayut of a complaint alleging that he had breached ethics by living rent-free at army housing after retiring as army chief in 2014.

Several of the Constitutional Court judges were appointed by the National Legislative Assembly and the Senate - both seen to be under military influence.

If the courts do decide that Mr Prayut has reached the term limit, Parliament will have to pick a new prime minister from a list of qualified candidates who ran in the 2019 election.