BBBEE AFFIDAVITS

A BBBEE Affidavit can be used by Qualifying Small Enterprises (QSEs) instead of a formal certificate to verify their BBBEE level.

Do You Qualify To Use an Affidavit As Your BBBEE Certificate?

BBBEE Codes of Good Practice allow for companies to use sworn affidavits to represent your BBBEE Level in certain instances.

EMEs, as well as QSEs with 51% or higher black ownership, can utilise a sworn affidavit as their BBBEE certificate.

Use our editable BEE affidavit templates below to verify your ownership structure.

Download our BBBEE sworn affidavit templates for your business

EME Affidavits

QSE Affidavits

What you need to know before completing an affidavit

Valid for 12 months

Like any BBBEE certificate, your BBBEE affidavit is valid for one year from the date it is stamped by a commissioner of oaths.

Who must complete the affidavit?

Only directors or members of the entity requesting verification can complete the affidavit – no third parties.

Accurate shareholder information

Be completely transparent in your affidavit as providing incorrect shareholder information is a criminal offence.

How To Use an Affidavit As Your BBBEE Certificate

Exempt Micro Enterprise (EME)

In order to complete this affidavit your company has to have a turnover of below R10 Million.

Definition of Black Owned: The Black Shareholder must be born in South Africa or Naturalized before 1994 and are now a citizen of South Africa.

  • If the company is 100% Black Owned, they are a Level 1.
  • If the company is less than 100% Black Owned or 51% Black Owned, they are a Level 2.
  • If the company is less than 51% Black Owned or has 0% black Ownership, they are a Level 4.

If you fall under the below 5 Sector Codes, please complete the applicable Affidavit for your company’s
sector.

  • ICT (Information Communication Technology)
  • Property Sector Codes
  • Finance Sector Codes
  • Construction Sector Codes
  • Tourism Sector Code

NB: Companies that fall under the Transport Sector Codes cannot utilize an Affidavit and have to either obtain a letter from their Auditors confirming Turnover is below R5 Million and total percentage Black Ownership and Black Woman Ownership or, obtain a BBBEE Certificate from a SANAS Accredited
Agency.

Utilizing an Affidavit as a Transport company will be considered as fraud and perjury for the person completing this affidavit under oath.

Furthermore, companies applying Modified Flow Through Principle cannot utilize an Affidavit and are required to obtain a SANAS Accredited Certificate.

 

How to complete your Affidavit

  • The Director/Member/Owner must complete the affidavit with their full name and ID Number.
  • Director/Member/Owner must be underlined or the not applicable can be removed.
  • All boxes must be completed in full.
  • Accurate description of Nature of Business must be given.
    If the company has Black Designated Group Owned, the breakdown of this percentage must be completed on said table.
  • The Financial Year must be completed with the day, month and year of the companies financial persion. I.e., 28 February 2023. Please note, if this is not completed in full the Affidavit will not be valid and accepted by the BBBEE Rating Agency.
  • Underline Audited Financial Statements or Financial Statement depending on which is applicable to your company.
  • The date the Deponent signed this affidavit must be the same date as the Commissioner of Oath signature.

Qualifying Small Enterprise (QSE)

In order to complete this affidavit your company has to have a turnover of between R10 Million and R50 Million, with more than 50% Black Ownership.

Definition of Black Owned: The Black Shareholder must be born in South Africa or Naturalized before 1994 and are now a citizen of South Africa.

• If the company is 100% Black Owned, they are a Level 1.
• If the company is less than 100% Black Owned or 51% Black Owned, they are a Level 2.

NB: If the company has less than 51% Black Ownership they are required to obtain a SANAS Accredited
Certificate.

If you fall under the below 5 Sector Codes, please complete the applicable Affidavit for your company’s
sector.

  • ICT (Information Communication Technology)
  • Property Sector Codes
  • Finance Sector Codes
  • Construction Sector Codes
  • Tourism Sector Code

NB: Companies that fall under the Transport Sector Codes cannot utilize an Affidavit and have to obtain a
BBBEE Certificate from a SANAS Accredited Agency.
Utilizing an Affidavit as a Transport company will be considered as fraud and perjury for the person
completing this affidavit under oath.

Furthermore, companies applying Modified Flow Through Principle cannot utilize an Affidavit and are
required to obtain a SANAS Accredited Certificate.

How to complete your Affidavit

  • The Director/Member/Owner must complete the affidavit with their full name and ID Number.
    Director/Member/Owner must be underlined or the not applicable can be removed.
  • All boxes must be completed in full.
  • Accurate description of Nature of Business must be given.
  • If the company has Black Designated Group Owned, the breakdown of this percentage must be
    completed on said table.
  • The Financial Year must be completed with the day, month and year of the companies financial
    persion. I.e., 28 February 2023. Please note, if this is not completed in full the Affidavit will not be
    valid and accepted by the BBBEE Rating Agency.
  • Underline Audited Financial Statements or Financial Statement depending on which is applicable to
    your company.
  • The date the Deponent signed this affidavit must be the same date as the Commissioner of Oath
    signature.

Frequently Asked Questions

Do I need a BEE certificate?

You need a BEE certificate if you intend to trade in South Africa. Businesses that i) have annual revenue below R10 million, or ii) have an annual revenue of between R10 million and R50 million and are 51% or more black-owned can use a BEE affidavit as their certificate. All other companies need to be verified by a SANAS-accredited agency.

What is a BEE affidavit?

A BEE affidavit is a legal instrument than can be used by exempt micro enterprises and +51% black-owned small enterprises in place of a BBBEE certificate.

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