The hate speech complaint against African National Congress Youth League (ANCYL) president Julius Malema was referred to a High Court by the Equality Court on Thursday.

"I think we can safely accept that the High Court wields the bigger stick... I accept that," magistrate Alvin Chaitram said.

He said that although he was disheartened by the referral and had been ready to set a trial date, he would accede to the request.

He accepted concerns about geographic jurisdiction as the lyrics "shoot the boer" had been sung around the country.

He complained, however, that AfriForum should have foreseen this before approaching the Equality Court in Johannesburg.

He said that the process so far had been a waste of time, energy and the costs of senior counsel.

The lyrics would remain prohibited until the case goes to a High Court.

It would be heard at the High Court in Johannesburg sitting as the Equality Court.

AfriForum had complained about Malema's singing of the lyrics at the University of Johannesburg earlier this year.

The High Courts in Pretoria and Johannesburg had already heard separate applications, which put a temporary halt to the singing of the lyrics.

AfriForum was complaining that it was hate speech directed at Afrikaners and farmers and the matter came to a head after the murder of Afrikaner Weerstandsbeweging leader Eugene Terre'Blanche in April.

Speaking after the ruling, AfriForum lawyer Willie Spies said that the matter could take as long as the end of the year to be heard again.

He explained that they had approached the Equality Court first because the High Court does not have Equality Court clerks to get the matter going.

Malema was not present and his usual entourage of vociferous supporters had also opted not to attend.

His lawyer Tumi Mokwena said that there was no need for Malema to be present at this stage of the proceedings.

He explained that in terms of the court order, anyone singing the song before it went to the High Court could be found in contempt of court.