Although the minister of Basic Education claims that no constitutional issues were raised on the BELA Act, the enactment of the act is likely to spark conflict between homeschooling families and the state, a concern explicitly identified in the  Socio Economic Impact Assessment (SEIA) done for the Bill. The SEIA notes: "Home schooling parents and organisations are dissatisfied with the requirement that they must register their children for home education and...

Some parts of the Childrens Act were declared invalid by the Constitutional Court in South Africa. In August 2010 which children were removed from beggars and placed in temporary safe care during a raid. The children's parents approached the high court for an order restoring them to their care, which was granted following the court's assertion that the move constituted an infringement of the right of the child to family care...