Expert says Pirapan likely to be disqualified by constitutional court

A legal expert believes that Energy Minister Pirapan Salirathavibhaga is likely to be disqualified as a Cabinet member for both holding media shares and holding executive positions in private firms.

Legal Expert Points to Breaches of Constitution

Dr Natthawut Wongniam, an expert on public law, commented on a complaint filed by political activist Sonthiya Sawasdee with the National Anti-Corruption Commission (NACC) last week. The complaint calls for an investigation into Pirapan, who also serves as a deputy prime minister and leader of the United Thai Nation Party (UTN).

Sonthiya accused Pirapan of breaching the constitution by involving Privy Councillor General Prayuth Chan-o-cha in civilian politics, claiming Pirapan repeatedly said he had "inherited the political DNA" of former prime minister Prayuth.

He also alleged that Pirapan held more than 70% of shares in three private firms and maintained executive roles in them, which is prohibited under the constitution.

Shares and Executive Roles in Private Firms

Natthawut noted that Pirapan held shares in four, not three, firms:

• Raabhisobhaga Co Ltd
• Sopa Collections Co Ltd
• VP Aerotech Co Ltd
• P&S Holding Ltd

He said Pirapan apparently violated Article 187 of the constitution, which prohibits Cabinet members from engaging in the management of private companies. Pirapan is alleged to have retained executive authority with signature rights in these firms.

Media Shareholding Raises Further Legal Issues

Additionally, Natthawut pointed out that the four firms were categorised as media companies. Holding shares in media firms is prohibited under Article 98(3) and Article 160(5) of the constitution for election candidates.

Although Pirapan reportedly transferred management rights of his shares to another entity, he continued to hold ownership, Natthawut said.

As a result, Pirapan could be found retroactively violating election laws from the day he contested the 2023 general election, despite having later resigned from his UTN party-list MP position.

Potential Political Fallout if Court Rules Against Pirapan

Natthawut stressed that if the Constitutional Court accepts the NACC’s case and rules against Pirapan, he would be suspended from duty. Prime Minister Paetongtarn Shinawatra might then be pressured to take political responsibility for appointing a disqualified individual to her Cabinet.

If Pirapan is banned from politics, the United Thai Nation Party could face leadership challenges, he added.

Pirapan was appointed as a Cabinet minister under Prime Minister Srettha Thavisin’s government on 1 September 2023, and then under Prime Minister Paetongtarn Shinawatra’s administration on 3 September 2024.

Natthawut said Pirapan remained a director of the four companies while serving in Srettha’s Cabinet and only resigned from these posts after joining Paetongtarn’s Cabinet.

Relevant Laws Pirapan Might Have Violated

According to Natthawut, Pirapan may have breached the following laws:

• Constitution: Articles 160(6), 98(3), 186, and 187
• Corruption Prevention and Suppression Act: Articles 126 and 127
• Management of Partnership Stakes and Shares of Ministers Act B.E. 2543