Clarification by SAC Information Team’s Leader, on handover of duties and functions of Pro Tem President to SAC Chairman for taking measures of National Defence and Security Council
Today, I would like to explain measures on the Constitution for questions raised by media about handover of duties and functions of the Pro Tem President to the Chairman of the State Administration Council in order to carry out tasks of the National Defence and Security Council. The Information Team of the State Administration Council has issued information about health conditions of Pro Tem President U Myint Swe since 18 July. A special medical team is carefully providing healthcare services to Pro Tem President. But, as his health condition does not improve yet to serve duties of Pro Tem President, handover of his duties and functions was held yesterday. In this regard, I wanted to first inform all about taking these measures in accord with the provisions of the Constitution. In reviewing the announcement on the state of emergency mentioned in Section 417 and announcement of the state of emergency in Section 412 in the Constitution, although some persons from the National Defence and Security Council are absent during the period when the state of emergency has not completed yet, remaining persons have to continuously serve the duties assigned by the Constitution.
Section 412 (b) stipulates that “if all the members are unable to attend the meeting held by the President to coordinate with the National Defence and Security Council under Sub-Section (a), the President may declare in time a state of emergency after coordinating with the Commander-in-Chief of the Defence Services, the Deputy Commander-in-Chief of the Defence Services, the Minister for Defence, and the Minister for Home Affairs who are members.” If the Pro Tem president cannot attend the meeting of the National Defence and Security Council due to his health condition or the post of Pro Tem President is vacant for various reasons, the Chairman of the State Administration Council Commander-in-Chief of Defence Services has to lead the meeting of the National Defence and Security Council to decide administrative measures of the State according to the constitutional provisions of the Section 412 (b) as he is exercising the executive power of the State on behalf of the President in line with the Section 419. As such, the executive power of the State shall be handed over to the Chairman of the State Administration Council who is practically exercising the duties of the President.
With regard to the measures that the Speaker of Pyithu Hluttaw does not take a leading role, Section 418 mentions this situation that there is no Speaker of Pyithu Hluttaw but not Hluttaw. The Speaker of Pyithu Hluttaw is waiting for handing over responsibilities to new Hluttaw speakers elected by Section 424. With regard to replying to the question whether SAC Chairman Prime Minister Senior General Min Aung Hlaing will serve as Pro Tem President or SAC Chairman, the statement issued on previous day has mentioned it. For serving the measures of the National Defence and Security Council, duties of Pro Tem President were handed over to the Chairman of the State Administration Council.
So, the State Administration Council will mention the name of President in exercising the executive power of the State according to Section 431. The State Administration Council and the government will exercise legislative, executive and judicial powers of the State in accord with Section 419 of the Constitution. The State Administration Council will continue implementation of the adopted Five-point Roadmap and nine objectives without any change. In this regard, I will specially emphasize that a free and fair multiparty democratic general election which is an ultimatum mission of the government of the State Administration Council will be held without fail. I thank you all .