Swapo has labelled an urgent application against the party about its decision to hold an extraordinary party congress next year as abusive.
An attempt by five Swapo members to challenge this decision was struck from the High Court's roll yesterday.
The five Swapo members are part of a faction of the ruling party that is disgruntled with the decision to endorse Netumbo Nandi-Ndaitwah as Swapo's presidential candidate ahead of the November elections.
They are Reinhold Shipwikineni, Petrus Shituula, Joshua Martins, Erich Shivute and Aina Angula.
Judge Eileen Rakow struck the case from the court roll after remarking that there were numerous problems with the urgent application.
Rakow said there were "too many problems" with the five party members' application, which was filed as an urgent matter on Friday.
In written arguments on behalf of Swapo, lawyer Sisa Namandje termed the application as "abusive".
"This is an abusive and frivolous application for many reasons," Namandje argued.
He claimed the application was without regard for Swapo's right to a fair trial.
"[The applicants] were not vigilant enough to protect these rights much earlier. In those circumstances, this court has no obligation to assist [Shipwikineni] when he comes to court belatedly and in an abusive manner," Namandje stated in his arguments.
He also said Shipwikineni and the other applicants have another case pending in the High Court on the same issues raised. That application is scheduled to be back in court on Friday.
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"Shipwikineni, unexpectedly and quite bizarrely, brought on extremely short notice, and without service to some of the respondents, an application in the late afternoon of Friday, 11 October," Namandje stated.
One of the problems identified by the judge is the filing of returns of service, showing that the respondents in the matter have received documents filed at the court, and that four of the five applicants were not properly represented before the court.
Lawyer Titus Ipumbu asked for a postponement to commission and file additional documents. This was opposed by Namandje.
Ipumbu argued that he could not reach Swapo's lawyer to get their heads of argument.
Rakow responded to Ipumbu by saying the applicants selected the date and time for the case to be heard.
"You picked the date, you picked the time. You decided Monday is enough time," she said.
Shipwikineni and others wanted the court to review and set aside Swapo's decision to postpone an extraordinary congress to next year, arguing it violates the Swapo constitution.
They also wanted the court to review and set aside the nomination of Nandi-Ndaitwah as Swapo's presidential candidate, and her nomination of candidates on the party's list of candidates for the National Assembly election.
