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Published on September 26, 2007

Prime Minister Surayud Chulanont must ask Interior Minister Aree Wongaraya to step down. This will be the only way to demonstrate beyond any doubt that his military-installed interim government takes its duty seriously in upholding the letter and spirit of the law on sound governance. It has become obvious that Aree cannot be counted on to exercise his own good judgement and leave office the way two of his Cabinet colleagues have already done. His colleagues have taken personal responsibility for their failure to live up to the highest standard of professional integrity required by holders of high political office. Information and Communications Minister Sitthichai Pookaiyaudom and Deputy Commerce Minister Oranuj Osatananda have already tendered their resignations, which become effective at the end of this month.

Earlier, the National Counter Corruption Commission found that the three ministers exceeded the 5 per cent cap on private equity holdings under the 2000 graft law. Sitthichai and Oranuj promptly announced their intention to leave office even though it could be argued that the law in question is not applicable to them because the 1997 constitution, which required compliance to the graft law, was no longer in force.

The 1997 constitution was abrogated when the military staged the coup that overthrow the government of Thaksin Shinawatra in September last year. The recently promulgated Constitution has a provisional clause that suspends the application of the graft law on Cabinet members of the interim Surayud government. Be that as it may, the Surayud government and its backer, the Council for National Security, must be reminded of the promises they solemnly made to clean up politics and to pave the way for the restoration of full democracy following a free and fair election in December.

The graft law in question was designed to preclude the possibility of conflict of interest involving holders of high political office. The Surayud government and its Cabinet members must be prepared to show that they respect the spirit of the graft law even though, under the current Constitution, they are exempted from compliance to such private equity holding limits. However, Aree has insisted that he has no plan to give up his post, adding that he would consult with Prime Minister Surayud on what to do when the latter returns from New York where he is attending a meeting of the United Nations General Assembly.

The fact that the prime minister has appeared hesitant to let any of the three ministers go casts doubts on the vows that he made. And it casts doubt that his government will strictly adhere to the standards they themselves have set for governance and public accountability. Let's not forget that former prime minister Thaksin and his family are accused of, and are being prosecuted with, breaching the exact same graft law that puts a limits on private equity holdings.

In Thaksin's case, it is alleged that even though he had divested his shareholdings in his former business empire, Shin Corp, to within the legal limits, by transferring shares to family members before it was sold to Temasek Holdings of Singapore, the former prime minister had continued to exercise full control of the family business.

Surayud himself has on several occasions condemned Thaksin for conflict of interest and abuse of power during his term as prime minister in order to seek personal gain at the expense of the public interest. Why should Surayud allow members of his own Cabinet to avoid compliance to the same rules designed to prevent conflict of interest?

It may well be true that the prime minister relies on some of his ministers who may have proven track records in terms of professional integrity to help run the government. Some of them have no intention of engaging in corrupt practices. It also matters little that his government has only a few months to go before it leaves office.

Surayud must prove that he has the courage and determination take to take decisive action on this important matter. The prime minister has been criticised for his shortcomings, including ineffectual leadership. The least he can do now is to stiffen his resolve and see to it that when it comes to questions of good governance, he must demand the highest standard and not resort to hair-splitting over legal technicalities.