The African National Congress (ANC) filed an application for leave to appeal against the ban on the controversial song Dubul' iBhunu (shoot the Boer), the Sunday Independent reported.

The ANC said that it formed part of the history of its liberation struggle and was still sung by its supporters, the newspaper reported.

This application was made on behalf of the ANC by deputy secretary-general, Thandi Modise, before the Johannesburg High Court.

"I respectfully submit that judicial notice can be taken of the fact that the song in question is known and sung by literally tens of thousands of South Africans. The consequences of a violation of this order are self-evidently prejudicial," Modise said.

She said that the song formed part of the "history of the ANC's struggle for liberation," the newspaper reported.

"It is a notorious fact that the song in question has been sung by members and supporters of the ANC in diverse occasions."

The application follows a ruling by acting Johannesburg High Court Judge Leon Halgryn in March who said the singing and publication of the song was "unconstitutional and unlawful" because it satisfied the crime of incitement.

The matter would appear before the court on November 29.