Foreign Minister Don Pramudwinai is not legally required to step aside as a result of breaching a share-holding limit rule, says a senior election official.
Jarungvith Phumma, secretary-general of the Election Commission (EC), said the law does not require cabinet ministers facing an investigation into their stock-holdings to stop working, noting the case will have to be finalised by the Constitutional Court.
The EC found Mr Don at fault, though Mr Jarungvith declined to discuss details of its decision. According to reports, the EC voted 3:2 against Mr Don after his wife did not disclose she owned over 5% of a private company. Section 187 of the 2017 charter prohibits a minister or his spouse from holding shares.
If a cabinet minister wants to continue receiving benefits from the stockholding, he must inform the NACC president within 30 days of starting in the job, and transfer the shares to an asset-management company. The rule also applies to the spouse. However, Mr Don took up his post before the promulgation of the current charter.
Seree Suwanphanont, ex-member of the National Reform Steering Assembly, agreed with the EC official, saying the minister can stay where he is until the court makes a decision. If Mr Don is forced to leave office by court order, the charter says decisions he has made in office up to that date would not be affected. According to Mr Seree, if the minister decides to leave office simply as "a show of spirit", the legality of his past actions may, however, be called into question.
Their remarks come despite growing calls for Mr Don to resign to set an example for political reform. Activist Srisuwan Janya said the minister should step down rather than waiting for the court. Former foreign minister Noppadon Pattama said while the law does not require Mr Don to step down, the matter also involves political accountability.
Pheu Thai Party's legal officer Ruangkrai Leekitwattana, who initiated the stock-holding probe, yesterday called on Prime Minister Prayut Chan-o-cha to suspend Mr Don.
