Judge Louis Muller said he actually wanted to strike the case from the court roll, because both parties did not adhere to certain deadlines ordered at the previous court hearing in September 2007.

Muller was also displeased that he was informed very late - last Thursday only - that both parties wanted to postpone yesterday's hearing.

"You cannot dictate dates like that," he told the lawyers from both sides, "the respondents also did not file their heads of arguments and the other party (applicants) did not hand in their replying affidavits," he reprimanded.

Another aspect making the case difficult, according to the Judge, was the resignation of CoD member Ignatius Shixwameni last month.

Shixwameni is cited as the first applicant in the court case and was the leader of the CoD faction which walked out at Keetmanshoop in protest against the way the party elections were conducted, alleging rigging.

As a result, CoD leader Ben Ulenga expelled Shixwameni and six other prominent members, among them Nora Schimming-Chase, Elma Dienda and Kala Gertze, who are Members of Parliament for CoD, and Windhoek City Councillor Herbert Schultz.

The lawyer for the expelled CoD members, Andrew Corbett, told Judge Muller, that the six remaining applicants would continue with the case and it was not a problem if Shixwameni had resigned from CoD in the meantime.

In September, Judge Muller ordered that the three MPs and Schultz should be allowed to remain in these positions until yesterday.

After an adjournment yesterday morning to find a new date with the Registrar of the High Court, the court met again in the afternoon.

Muller then ordered that the three MPs and Schultz could retain their positions at Parliament and the Windhoek City Council respectively "until a final order has been handed down in this matter."

The case will be heard on May 19 and until that time the lawyers of both parties must file all the outstanding documents and heads of arguments "in terms of the rules of this Court."

Francois Erasmus appeared for Ulenga and his faction.

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