A critical appraisal of Western Cape forum for intellectual disability v government of the Republic of South Africa 2011 5 SA 87 (WCC)

Abstract

As this is a nation riddled with a history of inequality, the Constitution of the Republic of South Africa is a sign-post to what one hopes is an end destination of inclusivity. Post-1994 the new democratic government faced the challenge of reversing the entrenched marginalisation not only of non-white citizens but also of persons with disabilities. The Apartheid government had tailored society, especially the education system, to abled-bodied persons. Accommodative and inclusionary policies were weak and reserved only for children belonging to the privileged minority. The new Bill of Rights clearly decries the continuance of this "ablism" -bias - Section 9 prohibits discrimination based on disability (an expressly listed ground) and section 26 offers an unqualified guarantee of the right to basic education.