Kruger, Petronella2016-02-292016-02-292015Kruger, P 2015, 'A critical appraisal of Western Cape forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC)', Potchefstroom Electronic Law Journal, vol. 18, no. 3, pp. 756-773.1727-3781http://hdl.handle.net/2263/51598As 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.enNorth West University, Faculty of LawConstitution of the Republic of South AfricaRight to basic educationRights of persons with disabilitiesArticle