Peter Williams, legal counsel for the ANC, confirmed the matter will come before court on Friday.
The ANC is demanding that Sparrow be jailed, or fined R200 000 to be donated to an organisation promoting tolerance.
The party brought the case because of a Facebook post in which Sparrow stated: “These monkeys that are allowed to be released on New Year’s Eve and onto public beaches, towns etc obviously have no education whatsoever. So to allow them loose is inviting huge dirt and troubles and discomfort to others. I am sorry to say I was among the revellers and all I saw was black on black skins what a shame.”
ANC secretary general Gwede Mantashe said the ANC “has a moral and legal duty to demonstrate leadership and responsibility to prevent racial conflict and warfare”.