An urgent application to interdict President Kgalema Motlanthe from proclaiming the election was struck off the roll in the Pretoria high court.

An urgent application to interdict President Kgalema Motlanthe from proclaiming the election was struck off the roll in the Pretoria high court.

The application, brought by the Freedom Front Plus on behalf of expatriate Willem Richter, would not be heard by Judge Aubrey Ledwaba yesterday as he deemed it in "contemptuous disregard" of court procedures.

"It's struck from the roll and each party is to pay its own costs," he said.

Ledwaba, who said he had not looked at the merits or demerits of the case, said he took issue with the applicant's submission that the matter was urgent. He said "an unreasonably short time" had been afforded to Motlanthe, the IEC and the minister of home affairs to submit their affidavits.

"In my view it constitutes an abuse and disregard for the practice of the court," the judge said.

Speaking outside the court, FF Plus MP Willie Spies said Ledwaba's harsh ruling did not dampen the party's spirits that the Constitutional Court would rule in favour of registered voters casting their ballots overseas. "We all know that we succeeded with the main application, the important application which actually deals with the issue of the right of registered voters overseas to vote." - Sapa