An urgent application to interdict President Kgalema Motlanthe from proclaiming the election was struck off the roll in the Pretoria High Court on Wednesday.

The application brought by the Freedom Front Plus, on behalf of expatriate Willem Richter, would not be heard by Judge Aubrey Ledwaba 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 "unreasonably short time" had been afforded to Motlanthe, the Independent Electoral Commission and the minister of home affairs to submit affidavits.

"In my view it constitutes an abuse and disregard for the practice [of the court]."

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 [on Monday] which actually deals with the issue of the right of registered voters overseas to vote."

The Pretoria High Court ruled on Monday that South Africans living abroad be allowed to vote in the upcoming general elections.

The court ruled that the Electoral Act "limited" the casting of votes to people temporarily living abroad.

It referred the judgment to the Constitutional Court for confirmation.

"The Constitutional Court is able... to make sure that justice does prevail regardless of what has been decided here today," said Spies.

The FF Plus had applied to interdict the Presidency from proclaiming the election to give the Constitutional Court time to consider whether it would confirm Monday's Pretoria High Court ruling.

However on Tuesday, Motlanthe gave his assurances to Parliament that he would not proclaim the elections immediately.

Motlanthe announced on Tuesday that South Africans will go to the polls on April 22.

He told the National Assembly that the "actual proclamation of this date will be made later".

"I do not believe that the President would act in such bad faith as to proclaim the elections in the next 10 days," said Spies.

He said the party was "absolutely confident" that the Constitutional Court would lend its weight to the ruling.

"The judgment that was handed down on Monday was based on case law that was developed by the Constitutional Court itself.

"I have no doubt that the Constitutional Court will confirm Monday's judgment," Spies said.

Spies, who was joined by a small group of party members holding placards which read: 'One settler, one ballot' and 'Ons exiles moet ook stem (our exiles must also vote)', said it was unfortunate that the matter had to be fought in court.

"Politically this whole issue could have been solved six years ago already unfortunately the ANC chose not to do that."

He said government had made a compromise which allowed people temporarily living overseas to vote, however, the hurdles of defining who exactly qualified had been too great.

"It made it impossible for us to settle this matter in a friendly manner," said Spies.