The high court granted 16 members of the family a court order last week that Mandla Mandela return to Qunu the remains of three family members he had exhumed and reburied in his home village of Mvezo two years ago.
On Monday, counsel for both parties discussed the matter in chambers with Judge Lusindiso Pakade, said attorney Sandla Zigadla, for the 16 family members who applied for the court order.
"They were trying to put Mandla's side forward," Zigadla said.
"They want to file their answering papers. The judge decided that the matter had to be heard full-blown in court at 11.30am on Tuesday."
The three exhumed graves are those of Mandela's eldest son, Mandla's father, Makgato Mandela who died in 2005; Mandela's first daughter Makaziwe, who died as an infant in 1948; and Mandela's second son Madiba Thembekile, who died in a car accident in 1969.
Mandla Mandela is the official head of the Madiba clan and is an ANC MP.
Madiba wants to be buried in Qunu
Former president Nelson Mandela, who is in a critical condition in a Pretoria hospital, has said he wants to be buried in Qunu alongside his family.
Mandla Mandela who was named chief of Mvezo after the death of Makgatho Mandela in 2005, claims that Mvezo, where he is building a multimillion-rand hotel, is the birthplace of the Mandelas and holds historic significance.
An error in the court papers last week has given him until July 29 to respond to the matter, instead of June 29.
On Monday, Mandla's counsel argued in chambers that they were not ready to argue the matter as they had been led to believe that they had until July 29 to prepare their argument.
Mandla has indicated that he will oppose the exhumations.
Last week, a Mandela family member told the South African Press Association that, when the matter was raised at a family meeting in Qunu, Mandla refused to answer why he had moved the graves without consulting the family and stormed out of the meeting.
"When Mandla was ordered to bring back the remains, he stormed out," the family member said.
Mandla Mandela was taken to court by a community member last year for digging up community graves to build the hotel. The case is still to be heard in court.
'Deep disappointment to my grandfather'
A member of the Mandela family told the Dispatch newspaper on Monday that Mandla Mandela would be "on his way down and out of the family" when Nelson Mandela died.
"He stole the remains of Madiba's children from Qunu to Mvezo in 2011 because he knew that he [Nelson Mandela] would want to be buried with [his] children, and that would be his diamond field," the family member told the newspaper.
Mandla Mandela said in a statement on Sunday he was "regrettably compelled" to go to court and respond to the action.
"The way we are handling this matter is contrary to our customs and a deep disappointment to my grandfather and his ancestors," he said. – Sapa