ANC lawyer Leslie Mkhabela said the agreement on the song "Dubula Ibhunu" (Shoot the Boer) was signed by the party, civil rights group Afriforum, and agricultural union Tau SA on Tuesday night.

The agreement reads: "The parties have agreed that Afriforum and Tau SA will abandon the Equality Court order, and the ANC and [former ANC Youth League president Julius] Malema agree to abandon the appeal to the Supreme Court of Appeal.

"The parties agree that the mediation agreement... shall be made an order of court by the Supreme Court of Appeal."

The court had been scheduled to hear the ANC's appeal on Thursday.

In September last year, the High Court in Johannesburg, sitting as the Equality Court, convicted Malema of hate speech after an action brought by Afriforum.

Judge Colin Lamont held the words undermined people's dignity and were discriminatory and harmful.

Malema lost an application in November for leave to appeal directly to the Constitutional Court against the hate speech ruling. He filed a notice of appeal with the Supreme Court of Appeal in December. Lamont granted him leave to appeal.

African National Congress secretary-general Gwede Mantashe said Malema was not available to attend the signing of the agreement because he was writing exams.

Mantashe was mandated to sign on his behalf.