LAWYERS for expelled ANC Youth League president Julius Malema and the ANC will continue representing both parties in the "Shoot the Boer" appeal after the Supreme Court of Appeal asked them to reconsider this in the light of an apparent conflict.

"There are no divergent points. We will inform them that we will continue," said attorney Leslie Mkhabela yesterday. They make common cause on the subject matter of the appeal, he said.

The SCA would be informed of the decision.

Comment from the ANC was not available. The SCA had questioned the use of the same legal team to represent both the ANC and its expelled youth league president in the appeal.

A letter by SCA registrar BJ Mashinini to the counsel representing both Malema and the ANC stated judges requested them to consider whether it was "appropriate for the same legal representatives to represent both appellants". This was in "regard to the apparent conflict or disparity of interest between them".

In September last year, the Johannesburg High Court, sitting at the Equality Court, convicted Malema of hate speech after lobby group AfriForum took him to court for singing the song.