Myanmar junta chief Min Aung Hlaing’s assumption of the duties of acting president complies with the country’s Constitution, junta spokesman Major General Zaw Min Tun insisted on Wednesday.
He was responding to criticism of Monday’s announcement that acting president Myint Swe had taken medical leave and handed his duties to the chairman of the State Administration Council [SAC]. Min Aung Hlaing is chairman of the SAC, the junta’s name for itself.
The transfer of duties came just over one week before the latest six-month period of emergency rule is due to expire.
The power transfer was widely criticized by legal experts as another brazen violation of the 2008 military-drafted Constitution, which contains no provision authorizing the transfer of presidential duties. Legal experts pointed out that the junta chief’s move was tantamount to declaring himself acting president of the country.
The junta imposed a state of emergency after seizing power from the elected government of Daw Aung San Suu Kyi in February 2021 and has been extending it ever since.
The Constitution dictates that emergency rule can only be extended at the discretion of the military-dominated National Defense and Security Council (NDSC), which exercises its power in the name of the president.
The regime has never appointed a president, instead exercising sovereign power in Myint Swe’s name as acting president.
Min Aung Hlaing is thought to have assumed acting president duties to supervise the renewal of emergency rule at next week’s NDSC meeting.
The junta is almost certain to declare a sixth extension of emergency rule as it grapples with nationwide armed resistance, though this would violate the Constitution, which permits a maximum one-year state of emergency followed by two six-month extensions.
Junta media announced last week that Myint Swe, 73, was suffering from a neurological disorder and had taken sick leave. He has been receiving medical treatment since early this year and is unable to perform normal daily activities, including eating food, said the regime.
Myint Swe was vice-president under the elected National League for Democracy government that was ousted in the February 2021 coup. The military appointed him as acting president after arresting President Win Myint. However, Myint Swe is widely seen as a puppet of the junta boss, who wields absolute legislative, executive and judicial power.
“Our special medical team has been treating acting president U Myint Swe attentively. As his condition has not improved enough to perform the duties of acting president, the duty transfer was carried out yesterday [Monday]. It was done in line with provisions in the Constitution,” Zaw Min Tun told local media.
The junta spokesman cited articles 412 (b) and 419 of the charter, insisting that the commander-in-chief was authorized to replace the president in exercising executive power and heading the NDSC meeting.
Article 419 says that in a national emergency, the commander-in-chief can assume sovereignty and exercise legislative, executive and judicial powers, either alone or through a body of which he is a member.
Article 418 only says legislative, executive and judicial powers shall be transferred, but makes no mention of the commander-in-chief assuming the role of president or acting president.
As per the Constitution, the president and vice presidents must be elected by the Presidential Electoral College made up of members of Parliament. The military dissolved the Parliament during the 2021 coup.
