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Every South African EME (Exempted Micro Enterprise, ≤R10M turnover) and 51%+ Black-Owned QSE (Qualifying Small Enterprise, R10M-R50M) can use a Sworn Affidavit as a B-BBEE certificate instead of going through full SANAS verification. Our free template generates a 2019 Amended Codes-compliant affidavit with automatic Level calculator, Commissioner of Oaths recital, the 6 June 2025 CIPC enhancements (SIC code + Sector Charter Council) and tender-ready CSD supplier helper.
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A B-BBEE Sworn Affidavit is the formal sworn statement by which an Exempted Micro Enterprise (EME) or a 51%+ Black-Owned Qualifying Small Enterprise (QSE) confirms its B-BBEE status to buyers, funders and tender adjudicators — without going through a full SANAS-accredited verification. The affidavit was introduced by the 2014 amendments to the B-BBEE Act 53 of 2003 and codified in the 2019 Amended Codes of Good Practice. It replaces the SANAS verification certificate for small entities, dramatically reducing compliance cost (a verification certificate costs R10,000-R50,000; an affidavit costs nothing beyond the Commissioner of Oaths visit).
Under the Generic Codes, an EME has annual total revenue of R10 million or less, and a QSE has annual total revenue between R10 million and R50 million. To use the QSE affidavit, the entity must be at least 51% Black-owned; QSEs below 51% Black ownership must obtain a full B-BBEE verification certificate. The automatic Level under the Generic Codes is based on Black ownership %: 0-50.99% Black gives an automatic Level 4 (100% recognition); 51-99.99% Black gives Level 2 (125% recognition); 100% Black gives Level 1 (135% recognition).
Sector Codes (Construction, Tourism, Transport, ICT, AgriBEE, Property, Financial Services, MAC) have their own thresholds and override the Generic Codes for entities in those sectors. Construction EME threshold is R3 million; Tourism EME is R5 million. The Transport Sector Code does NOT permit affidavits — transport-sector entities must obtain a SANAS-accredited verification certificate; using an affidavit constitutes fraud and perjury. The 6 June 2025 CIPC enhancements require all affidavits to identify the applicable Sector Charter Council, the Standard Industrial Classification (SIC) code, and to distinguish between South African Black and permanent non-SA Black persons in the ownership.
Eight sections covering every element required by the 2019 Amended Codes and the 6 June 2025 CIPC enhancements.
Name, CIPC registration, registered address, phone, email and website.
Deponent's full name, SA ID, position and capacity (director / member / sole proprietor / authorised representative).
Date and city — must match Commissioner of Oaths signature date.
EME Generic Codes (≤R10M); QSE Generic Codes (R10M-R50M + 51%+ Black); EME Sector Code; QSE Sector Code.
R0-R5M, R5M-R10M, R10M-R25M, R25M-R50M, sector-below-EME, sector-QSE — with precise ZAR figure.
Required since 6 June 2025 CIPC enhancements — Standard Industrial Classification + industry description.
Black ownership % drives automatic Level (0-50.99% = Level 4; 51-99.99% = Level 2; 100% = Level 1) — calculated in the PDF.
Separately reported — weighs heavily in tender adjudication.
9 sector codes with sector-specific thresholds + Sector Charter Council acknowledgement. Transport warning included.
Modified flow-through, broad-based / employee share schemes, named-owner breakdown, permanent non-SA Black disclosure.
B-BBEE Act ss.13F and 13O — 10% of turnover OR 10 years imprisonment for fronting.
Renewal date 11 months from affidavit — avoid expired-affidavit tender rejection.
Central Supplier Database registration helper + section 10 B-BBEE Act tender recital.
Five steps from classification to a Commissioner-of-Oaths-stamped affidavit.
EME (≤R10M turnover, any Black %) or 51%+ Black QSE (R10M-R50M). Below 51% Black ownership a QSE must do full verification, not an affidavit. For sector entities, check the sector-specific threshold (Construction R3M, Tourism R5M).
Total Black South African ownership = sum of African + Coloured + Indian + Chinese SA ownership. Black Women SA ownership reported separately. Permanent non-SA Black persons disclosed separately (6 June 2025 CIPC enhancement).
Complete the form with entity details, deponent, classification, turnover band, ownership %, and (for sector entities) the applicable Sector Code. The Level is calculated automatically in the PDF.
Find a SAPS station, attorney, or other Commissioner of Oaths. The Commissioner cannot be an employee or ex officio of the entity. Both deponent and Commissioner sign on the SAME date — different dates invalidate the affidavit.
Use the affidavit for tender bids, CSD upload, B-BBEE supplier programmes. Diary the renewal date 11 months out so you can convene the Commissioner of Oaths appointment before expiry — an expired affidavit is rejected by every buyer / funder / state organ.
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
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A defective affidavit can lose tenders and trigger fronting prosecutions.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African B-BBEE practitioner or attorney for advice specific to your situation.
Reviewed for South African law
The B-BBEE regime was significantly amended in 2019 (Amended Generic Codes of Good Practice) and again on 6 June 2025 when the CIPC introduced enhancements: (a) Sector Charter Councils must be identified in the affidavit for sector-coded entities; (b) Standard Industrial Classification (SIC) codes must be cited; (c) South African Black and permanent non-SA Black persons must be distinguished in the ownership disclosure; (d) Co-operatives now have their own B-BBEE certificate framework. Affidavits issued from 6 June 2025 forward must reflect these enhancements; pre-6 June 2025 affidavits remain valid for their 12-month period but should not be renewed without the new content.
A B-BBEE Affidavit is sworn under the Justices of the Peace and Commissioners of Oaths Act 16 of 1963. The Commissioner of Oaths must: (a) be a duly designated Commissioner (SAPS officer of certain ranks, attorneys, notaries, advocates, councillors, magistrates, judges, ministers of religion, certain bank managers); (b) NOT be an employee, ex officio or interested party of the entity (a person cannot in law commission an affidavit in which they have an interest); (c) sign on the SAME date as the deponent; (d) affix the official stamp and full name with designation; (e) certify that the deponent acknowledges understanding of the contents, has no objection to the oath, and considers it binding. Electronic signatures are not permitted on the affidavit — wet-ink signature in the Commissioner's physical presence is required.
Misrepresentation in a B-BBEE Affidavit may constitute "fronting" under the B-BBEE Act 53 of 2003 sections 13F-13O. Fronting includes: misrepresenting ownership composition; nominee Black shareholdings that do not enjoy real economic benefit; circular ownership arrangements designed to inflate the Black ownership percentage; and any conduct intended to misrepresent the entity's B-BBEE status. Penalties: a fine of up to 10% of the entity's annual turnover OR imprisonment of up to 10 years (or both). Convicted entities are also disqualified from state contracts for up to 10 years and listed publicly by the B-BBEE Commission. The fronting acknowledgement recital in this template is a mandatory element of every defensible affidavit.
Generate a 2019 Amended Codes-compliant EME / QSE Sworn Affidavit with auto-Level calculator, 6 June 2025 CIPC enhancements (SIC + Sector Charter Council) and 12-month renewal helper. Download your PDF in minutes.
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