The ANC said the song formed part of its liberation war history 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 South Gauteng 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 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 South Gauteng High Court Judge Leon Halgryn, who in March 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.