BBBEE AFFIDAVITS
A BBBEE Affidavit can be used by Qualifying Small Enterprises (QSEs) instead of a formal certificate to verify their BBBEE level.
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.
Like any BBBEE certificate, your BBBEE affidavit is valid for one year from the date it is stamped by a commissioner of oaths.
Only directors or members of the entity requesting verification can complete the affidavit – no third parties.
Be completely transparent in your affidavit as providing incorrect shareholder information is a criminal offence.
In order to complete an Exempt Micro Enterprise (EME) 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 you fall under the below 5 Sector Codes, please complete the applicable Affidavit for your company’s sector.
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
In order to complete a Qualifying Small Enterprise (QSE) 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.
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
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.
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.