Congress of the People (Cope) leaders Mbhazima Shilowa and Mosiuoa Lekota failed to reach an out of court agreement on their political differences in Cape Town on Tuesday.

"We did not reach consensus," Shilowa told Sapa during a court recess.

"That is why the matter is now before the judge. We remain open to negotiations outside of the court."

Lawyers for the two would instead argue in the Western Cape High Court on whether Lekota had the right to take up the leadership of the party in Parliament, and whether a decision to remove Shilowa as Cope's chief whip was unlawful.

Shilowa and Lekota did not exchange a greeting or a glance as they arrived in court.

Lawyers for the parties said that they had tried desperately to find common ground for their clients.

The proceedings, which were watched by a rowdy public gallery, got underway on Tuesday morning with Judge Essa Moosa asking whether Lekota and Shilowa had managed to resolve their differences about whether the latter could take up the leadership of the party in Parliament.

"Despite our best efforts we have been bedevilled by leaks to the media by both sides," Shilowa's lawyer Norman Arendse said.

"You cannot negotiate any matter in the media. We have tried our best to solve the underlying political issues, but it appears we have failed."

Shilowa has applied to have a July 2 decision by Cope's congress national committee, which replaced Mvume Dandala with Lekota as the party's political leader in Parliament, declared null and void.

He also wants decisions to remove him as Cope's chief whip and his ally Lolo Mashiane as the party's administrative whip, declared unlawful.

"It may be in the best interests of the party if the leadership tried to settle their differences," Moosa said, adding that "any outcome from the court may only partially resolve the situation.

"The leadership should rise to the occasion and see if it can bury the differences and work in the interest of the party as a whole."

Lekota's lawyer Anthony Sawma said that the parties had held extensive talks.

"Despite our best efforts we have been unable to find any common ground."

At Moosa's urging, the two lawyers agreed to sit down with Lekota and Shilowa once more to try and work out a solution. Their 15-minute negotiation however, was unsuccessful.

A small crowd of Lekota supporters danced, sang and waved placards outside the court.