The president of the African National Congress Youth League (ANCYL), Julius Malema, is going to appeal the Johannesburg Equality Court ruling, which found him guilty of hate speech, in a higher court, his organisation said on Tuesday.

This, spokesperson Floyd Shivambu, said in a statement, followed the ANCYL's agreement with Constitutional Law expert, Pierre De Vos's sentiments that the ruling was wrong.

Shivambu pointed out De Vos' blog entry on Constitutionally Speaking, on Tuesday, that the ruling did not illustrate Malema's intention to incite hurt on rape victims or women victims.

"Many people fail to understand that hate speech as defined in the Promotion of Equality and Prevention of Unfair Discrimination Act requires more than making hurtful or harmful statements about someone," De Vos said.

"If I say that the President is a sex obsessed idiot, or that [Democratic Alliance's] Helen Zille is a racist madam, it might be rude and it might even be defamatory but it would not constitute hate speech as I would not be saying anything based on Zuma or Zille's race, sex or sexual orientation," he wrote.

Shivambu said: "Unlike misguided elements, the ANCYL believes that this observation is sober and constitutes part of the reasons why the president of the ANCYL will appeal the ruling in a higher court."

"In more than one occasion, ANCYL president has expressed consistence with values of the ANCYL, his total commitment to the emancipation of women from class, national and gender oppression.

"The ANCYL and its entire leadership respects South Africa's legal and judicial systems and processes," Shivambu said.

He added that the organisation would work within these institutions and processes to ensure that proper interpretation was given to the country's laws.

Sonke Gender Network took Malema to court after he said with reference to President Jacob Zuma's rape accuser that "when a woman didn't enjoy it [sexual intercourse], she leaves early in the morning".

"Those who had a nice time will wait until the sun comes out, request breakfast and taxi money. In the morning that lady requested breakfast and taxi money. You don't ask for taxi money from somebody who raped you," Malema had said.

The court found him guilty of hate speech on Monday and he was ordered to apologise for his statements unconditionally within two weeks of the judgment and pay R50 000 to People Opposing Women Abuse (Powa), a shelter for abused women.