The Economic Freedom Fighters (EFF) has withdrawn a court application it lodged to challenge the recommended suspension of six members for storming onto the stage during the State of the Nation Address (SONA) earlier this year.

The six members include EFF leader Julius Malema, deputy leader Floyd Shivambu, secretary-general Marshall Dlamini, and senior members Vuyani Pambo, Mbuyiseni Ndlozi and Sinawo Tambo.

On Monday, the party's lawyers told the Western Cape High Court that it had decided to withdraw its application after reaching an agreement with Parliament's legal representatives.

No costs order was made.

In the application, the EFF also challenged the National Assembly rules and the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004, arguing that it's unconstitutional "to the extent that they fail to provide sufficient guidelines and safeguards necessary to protect Parliament's process for disciplining members of Parliament".

This comes ahead of Tuesday's sitting of the National Assembly, where the House will consider a Power and Privileges Committee report on the recommended sanctions.

The recommended sanctions included their suspension from 1 February until 29 February 2024, which means they will not be able to attend the SONA next year.

It was also recommended that the six members apologise to President Cyril Ramaphosa and the House.

During a meeting of the Powers and Privileges Committee last week, the African National Congress (ANC) wanted the sanctions to take effect on 1 March.

Parliament's legal advisor, Andile Tetyana, vehemently debated the matter with mostly ANC MPs arguing that the hearings had been held and concluded.

In the end, the committee agreed to send the report to the National Assembly unchanged.

This Tuesday, though, a motion is likely to be put forward for amendments to the sanctions or a referral back to the committee. The House could also decide to reject the report.

Meanwhile, the EFF's lawyers also argued a separate disciplinary matter that stems from an incident on 30 August 2022, when EFF MPs Nazier Paulsen, Khanya Ceza, Ntombovuyo Mente and Dumisani Fannie Mthenjane disrupted the House while President Ramaphosa was responding to oral questions.