I would like to venture that it is impossible to criticise the ANC. Sorry, let me rephrase that: it is impossible to legitimately criticise the ANC. Sure, South Africa's new Constitution endorses freedom of speech. Journalists can openly criticise the government (well, most of the time anyway), without fear of censure.

But, that does not mean that the criticisms are regarded as legitimate.

In fact, the ANC has engineered an environment where any criticism which emanates from outside the structures of the ANC is not taken seriously and public dissent from within the ANC is not tolerated.

By default, if a white person criticises the ANC, they are labelled racist; regardless of any struggle credentials or merit to the criticism. If a black academic or journalist dares to question the motives or actions of an ANC leader or policy, he or she is — in varying degrees of subtlety — branded an imperialist lackey, a turncoat, or a counter-revolutionary.

The ANC uses its weighty majority to question the legitimacy of the political opposition. Surely what Helen Zille has to say cannot be taken seriously because (a) she is white (b) she has not been given the mandate of the people and (c) she cannot dance.

Naturally, the rest of the DA cannot be taken seriously either — those who fit Zille's demographic, for the reasons above, and those who don't, because they are puppets of the 'Madam'. Some would go so far as to use the offensive term 'garden boys'.

Cope, on the other hand, can be easily brushed aside as a group of bitter traitors — those who jumped ship when it looked like they were about to lose power. Any criticism of the ANC or its leaders (in fact, particularly of its leaders) can be dismissed as the personal vendettas of sour losers.

The backlash against Kader Asmal for his recent criticism of certain members of the ANC elite and new policy directives has, once again, shone light on the unacceptability of public condemnation from within the ranks of the ANC. Even if the individual practicing his or her right to freedom of expression was once a highly-regarded member of the ANC. Even if he or she was once a freedom fighter.

The offending ANC member is always reprimanded for not raising the criticism through the structures of the organisation. This is emblematic of the party's failure to properly transform itself from a liberation movement to the ruling party in a functioning democracy.

Asmal, as many before him, chose to publicly question the actions of the ANC because doing so within the structures of the organisation would be a futile exercise. Furthermore, in a democracy, individuals should be able to publicly distance themselves from policies or individuals they do not agree with. In fact, doing so contributes to the vibrancy and vitality of the democracy.

The ANC purports to support freedom of expression; it purports to uphold the values of a democracy; but, in reality, it undermines some of the very principles upon which our democracy is founded. And this may very well be worse. At least with outright censorship we know that our access to information is being curtailed. We know that our opinions are being carefully monitored and shaped. Then, at least, there is something concrete to fight against.

How do you fight for legitimacy? The answer would, no doubt, be: through the structures of the ANC.

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