Disciplinary hearings into the disruptive conduct of four Economic Freedom Fighters (EFF) MPs are set to go ahead next week after a legal bid to interdict the process proved futile.

On Wednesday, judgment was reserved in the EFF application to interdict the hearings from proceeding on Monday.

During a question-and-answer session with President Cyril Ramaphosa on 30 August 2022, EFF MPs Nazier Paulsen, Khanya Ceza, Ntombovuyo Mente and Dumisani Fannie Mthenjane were ejected from the House after their unruly behaviour.

The committee is considering charges against the EFF MPs for the disruptions, and it is unclear if the affected MPs will be present at the hearings.

Previously the EFF's lawyers announced they would challenge the disciplinary process, but now that there is no judgment from the High Court, proceedings would go ahead.

Advocate Kameel Premhid, for the EFF, told the Western Cape High Court their main bone of contention was the refusal of a subpoena for National Assembly Speaker Nosiviwe Mapisa-Nqakula to appear before the committee hearing the matter.

It also raised serious concerns about the lack of time afforded to them, Parliament's tardy attitude in the matter, and its refusal to move with speed.

"Parliament was expected to file its answering affidavit on 20 October. But the reason we are sitting here is because they have missed every single deadline in this case," Premhid said.

Representing Parliament, advocate Adiel Nacerodien said the case was a non-starter.

"They asked for an order to declare those provisions unconstitutional. This is a non-starter. It's the Constitutional Court.

"A single judge will not be able to grant the substantial relief that is being sought. It's a non-starter. The hearings would proceed even if there is no ruling," he added.

Acting Judge Murray van Heerden told both parties: "If I am quick, I could be wrong. There is blame on both parties."

Meanwhile, African National Congress (ANC) MP Violet Siwela, who is the chairperson of the Powers and Privileges Committee, said the committee had resolved there was no need, at this stage, to subpoena Mapisa-Nqakula.

"The committee is of the view that the video footage, the Speaker's report and the witnesses set to appear before the committee will sufficiently assist the committee to arrive at a just and fair outcome.

"However, the committee made it clear that should the need arise during the course of the hearing to call the Speaker as a witness, it will consider exercising its subpoena powers if this proves necessary," Siwela added.

The EFF's legal representatives previously wrote to the Speaker requesting her to be a witness - she declined their request.

"The legal representatives were informed that the correct procedure is that upon a witness's refusal to appear, the affected members should make such a request through the committee as only the committee has subpoena powers in terms of the Powers and Privileges Act," she said.

The disciplinary hearings start on Monday and are scheduled to run early into the new year.