This report provides an overview of the legislative framework governing the inclusive education system in South Africa and an examination of the status of the government’s implementation of its inclusive education plan. Although government policy statements have adopted conflicting interpretations of the right, both South African courts and international bodies have defined the right to an education as a mechanism that must meet the needs of a learner. Despite South Africa’s extensive legal and policy framework enabling the creation of an inclusive education system, the Department of Basic Education has floundered in its implementation.