The controversial song, Kill the boer, is an embodiment of the political system which the EFF seeks to confront.
While EFF leader Julius Malema raised the ire of several opposition parties and lobby groups when he sang the song at the party's 10th birthday celebrations in Johannesburg, in court they are arguing that it has political importance.
In October last year, the Equality Court granted lobby group AfriForum an opportunity to approach the Supreme Court of Appeal to challenge its judgment on the controversial song.