Clarification by SAC Information Team 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 in the Constitution for questions raised by the media about the 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 issued information about the health conditions of Pro Tem President U Myint Swe on 18 July. A special medical team is carefully providing healthcare services to the Pro Tem President. However, as his health condition has not improved yet, he is still unable to serve the duties of Pro Tem President. A handover of his duties and functions was held on 22 July. In this regard, I wanted to first inform everyone about taking these measures in accordance with the provisions of the Constitution. In reviewing the announcement of 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 continue serving the duties assigned by the Constitution. Section 412 (b) stipulates that “if some 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 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 the Pro Tem President falls 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 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 will have to be handed over to the Chairman of the State Administration Council, who is practically exercising the duties of the President. With regard to the reason why the Speaker of Pyithu Hluttaw does not take a leading role, Section 418 mentions this situation that there is only the Speaker of Pyithu Hluttaw but not the Hluttaw. The Speaker of Pyithu Hluttaw is waiting to hand over responsibilities to new Hluttaw speakers elected by Section 424.
With regard to replying to the question of whether SAC Chairman Prime Minister Senior General Min Aung Hlaing will serve as Pro Tem President or SAC Chairman, the statement issued on the previous day has mentioned it. To carry on with the affairs of the National Defence and Security Council, the duties of the Pro Tem President were handed over to the Chairman of the State Administration Council. So, the State Administration Council will mention the name of the President when 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 the implementation of the adopted Five-point Roadmap and nine objectives without any change. In this regard, I will especially emphasize that a free and fair multiparty democratic general election, which is an ultimate aim of the government of the State Administration Council, will be held without fail. I thank you all.