Twenty-one officers whose appointments as Presidential Advisors were declared null and void by the High Court on January 22, 2026, have filed an urgent application seeking a temporary stay of the judgment.
In court papers, the advisors are asking that the application be certified as urgent and heard ex parte, allowing the court to consider the request before any steps are taken to enforce the ruling.
Through their lawyers Mansur Issa and Mohat Somane, the officers want the court to suspend implementation of the decision for 180 days, or for such period as the court may deem fit, to allow them to file and prosecute an appeal at the Court of Appeal.
They argue that without a temporary stay, they would be legally barred from reporting to work, even for purposes such as handover, transition, or safeguarding official records, a situation they say would cause immediate prejudice to the functioning of government.
The advisors contend that a declaration invalidating appointments has consequences that go beyond the parties before the court and carries far-reaching implications for public administration and governance. They argue that a measured and time-bound stay is necessary to prevent disruption while the appellate process runs its course.
They further state that the judgment significantly alters the status quo in a manner that cannot be reversed, even if an appeal ultimately succeeds. According to the application, the advisors occupy highly specialised roles in areas including national security, economic policy, intergovernmental relations, and constitutional affairs.
The officers warn that abrupt removal would disrupt ongoing government programmes, create operational gaps, and erode institutional memory critical to the implementation of the President’s agenda.
They also argue that decisions on the structure and retention of advisory support within the Executive fall within the President’s discretion, and that such discretion should be respected to promote orderly governance and constitutional comity.
