A Culture of Exclusion: Re-Configuring Inclusive Education in South Africa

The realisation of the right to education under the South African Constitution remains complex despite progressive legislation and a supportive policy framework. The complexity has highlighted the continued cultural and structural inequality of the South African public schooling system. Specifically, inclusive education and its support for learners experiencing barriers to learning illustrate the contested nature of this right, with many of these learners remaining marginalised. This article explores the concept of inclusive education as it relates to the broader contextual framework of the South African right to education. It highlights the shortcomings of the South African Schools Act 84 of 1996, in supporting authoritarian management through School Governing Bodies that has eroded the intended purpose of the Act as a beacon of community participation and transparent decision making. Key to the analysis, is establishing how South African courts have assisted learners experiencing barriers to learning, and how litigating access to public schools in challenging the policy prescripts of School Governing Bodies have hindered the implementation of inclusive education.