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B-BBEE QSE Sworn Affidavit Template — South Africa (Generic Codes)
Qualifying Small Enterprises (QSE) with annual turnover between R10m and R50m, and at least 51% black ownership, may use a sworn affidavit instead of a full B-BBEE verification certificate — saving R15,000–R50,000 in verification fees and weeks of consultant time. Our free template generates a Generic Codes QSE Affidavit aligned with the Department of Trade, Industry and Competition (dtic) template, ready for swearing before a Commissioner of Oaths, with optional expert clauses for Sector Code election, ownership breakdown, intended use declaration and renewal commitment.
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SWORN AFFIDAVIT — B-BBEE QUALIFYING SMALL ENTERPRISE (QSE) — GENERIC CODES
ACME Holdings (Pty) Ltd · Republic Of South Africa · Oath Sworn 1 June 2026
Entity Reg: 2018/456789/07
Claimed: Level 1 Contributor
I, the undersigned, Sipho Mthembu, South African Identity Number 7807205009088, in my capacity as managing director of ACME Holdings (Pty) Ltd (trading as ACME Logistics), CIPC Registration Number 2018/456789/07, of 22 Fredman Drive, Sandton 2196 (the "Entity"), do hereby make oath and state the following under the Broad-Based Black Economic Empowerment Act 53 of 2003 (as amended by the B-BBEE Amendment Act 46 of 2013) and the Generic Codes of Good Practice (Government Notice R.1019 of 11 October 2013, as amended):
1.
FINANCIAL YEAR AND TURNOVER
The Entity's financial year-end is 28 February 2026. The measurement period for this affidavit is 2026 (Year ended 28 February 2026). The Entity's annual total revenue / turnover for the measurement period falls within the QSE bracket of between R25 million and R50 million, as required by paragraph 4.2 of Statement 000 of the Generic Codes for an entity to qualify as a Qualifying Small Enterprise (QSE). The exact annual turnover figure for the measurement period is R 28,500,000.00.
2.
BLACK OWNERSHIP
The Entity is 100% Black-Owned as defined in the B-BBEE Act 53 of 2003 (voting rights and economic interest held by Black People — being African, Coloured and Indian South African citizens, naturalised before 27 April 1994 or by birth or descent thereafter). Of the Black Ownership, 40% is held by Black Women as defined in the B-BBEE Act. The Modified Flow-Through principle has NOT been applied — declared ownership reflects standard flow-through of voting rights and economic interest.
3.
B-BBEE LEVEL CLAIM AND PROCUREMENT RECOGNITION
On the basis of the above ownership, and in accordance with paragraph 4 of Statement 000 of the Generic Codes (Annexure 000 — Treatment of QSE's), the Entity claims the following B-BBEE status:
B-BBEE Status: Level 1 Contributor (100% Black-Owned).
Procurement Recognition: 135%.
The Entity confirms that, for the measurement period declared above, this affidavit is valid for B-BBEE recognition purposes for a period of 12 months from the date of oath, in lieu of a full B-BBEE Verification Certificate as permitted by paragraph 5 of Statement 000.
B-BBEE Status: Level 1 Contributor (100% Black-Owned).
Procurement Recognition: 135%.
The Entity confirms that, for the measurement period declared above, this affidavit is valid for B-BBEE recognition purposes for a period of 12 months from the date of oath, in lieu of a full B-BBEE Verification Certificate as permitted by paragraph 5 of Statement 000.
4.
OWNERSHIP BREAKDOWN
The Entity's shareholding is composed as follows:
Shareholder 1: Sipho Mthembu (SA ID 7807205009088) — Black African Male — 60% shareholding / 60% voting / 60% economic interest. Shareholder 2: Thandi Nkosi (SA ID 8003150000087) — Black African Female — 40% shareholding / 40% voting / 40% economic interest. Total: 100% Black-Owned, 40% Black Women-Owned. No Modified Flow-Through applied.
Ownership changes during measurement period: No changes in shareholding during the measurement period (FY ended 28 February 2026). Ownership has remained constant at 60:40 split between the two named Black African shareholders since CIPC registration on 14 March 2018.
Shareholder 1: Sipho Mthembu (SA ID 7807205009088) — Black African Male — 60% shareholding / 60% voting / 60% economic interest. Shareholder 2: Thandi Nkosi (SA ID 8003150000087) — Black African Female — 40% shareholding / 40% voting / 40% economic interest. Total: 100% Black-Owned, 40% Black Women-Owned. No Modified Flow-Through applied.
Ownership changes during measurement period: No changes in shareholding during the measurement period (FY ended 28 February 2026). Ownership has remained constant at 60:40 split between the two named Black African shareholders since CIPC registration on 14 March 2018.
5.
INTENDED USE
This affidavit is sworn for general use in procurement processes during the 12-month validity period from the date of oath. Without limiting this general use, it may be specifically relied on for procurement processes with: (a) any sphere of government in the Republic of South Africa under the Preferential Procurement Policy Framework Act 5 of 2000; (b) any private-sector customer requiring evidence of B-BBEE status under the Generic Codes; (c) prequalification for the Eskom Transmission Development Plan procurement (anticipated Q3 2026); (d) Transnet supplier development programme registration.
Specific tender / customer reference: Eskom RFQ-TRN-001/2026 — Transmission Development Plan supplier prequalification.
Specific tender / customer reference: Eskom RFQ-TRN-001/2026 — Transmission Development Plan supplier prequalification.
6.
RENEWAL AND RECORD-KEEPING UNDERTAKING
The Entity undertakes to swear a fresh affidavit on or before the expiry of the 12-month validity period required by paragraph 5 of Statement 000 of the Generic Codes. Target renewal date: 31 May 2027.
The Entity undertakes to maintain the following supporting records for inspection on reasonable notice by any customer, procurement officer, the BEE Commission, the Department of Trade, Industry and Competition, or the South African Revenue Service: (a) Securities Register and share certificates evidencing shareholding; (b) audited financial statements for the financial year ended 28 February 2026 demonstrating the declared turnover range; (c) racial classification declarations by each shareholder confirming "Black People" status under the B-BBEE Act; (d) shareholder agreements and any voting trusts. The Entity confirms that no Modified Flow-Through has been applied. Records are maintained at the Registered Address for a minimum of 5 years from the date of this affidavit.
The Entity undertakes to maintain the following supporting records for inspection on reasonable notice by any customer, procurement officer, the BEE Commission, the Department of Trade, Industry and Competition, or the South African Revenue Service: (a) Securities Register and share certificates evidencing shareholding; (b) audited financial statements for the financial year ended 28 February 2026 demonstrating the declared turnover range; (c) racial classification declarations by each shareholder confirming "Black People" status under the B-BBEE Act; (d) shareholder agreements and any voting trusts. The Entity confirms that no Modified Flow-Through has been applied. Records are maintained at the Registered Address for a minimum of 5 years from the date of this affidavit.
7.
AFFIRMATION OF TRUTH
I declare under oath that the contents of this affidavit are true and correct to the best of my knowledge and belief. I am aware that the making of a false declaration in a sworn affidavit is an offence under the Justice of the Peace and Commissioners of Oaths Act 16 of 1963, and may constitute fraud under the common law and a contravention of section 13G of the B-BBEE Act 53 of 2003 (penalty: up to 10 years' imprisonment or a fine of up to 10% of annual turnover).
8.
OATH BEFORE COMMISSIONER
The above-mentioned Deponent has acknowledged that he/she knows and understands the contents of this affidavit and has no objection to taking the prescribed oath, and that he/she considers the prescribed oath to be binding on his/her conscience. Sworn / affirmed before me at Sandton, Johannesburg on this day of 1 June 2026.
DEPONENT
Sipho Mthembu
Managing director
Deponent
Date: ____________________
COMMISSIONER OF OATHS
[Commissioner of Oaths]
Ex officio (SAPS / attorney / magistrate)
Commissioner of Oaths
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a QSE B-BBEE Affidavit?
A Qualifying Small Enterprise (QSE) B-BBEE Sworn Affidavit is a sworn statement by a director or member of an entity, made before a Commissioner of Oaths, declaring the entity's B-BBEE status under the Broad-Based Black Economic Empowerment Act 53 of 2003 (as amended by the B-BBEE Amendment Act 46 of 2013) and the Generic Codes of Good Practice (Government Notice R.1019 of 11 October 2013, as amended). The affidavit is valid for 12 months from the date it is sworn and may be used by the entity in any procurement process during that period in lieu of a full B-BBEE verification certificate from a SANAS-accredited verification agency.
A QSE is defined in paragraph 4.2 of Statement 000 of the Generic Codes as an entity with annual total revenue (turnover) between R10 million and R50 million. Entities below R10m turnover are Exempted Micro Enterprises (EMEs) — they use a separate, simpler affidavit. Entities above R50m turnover do not qualify for the affidavit route and must obtain a full verification certificate. Within the QSE bracket, only entities with at least 51% Black Ownership may use the affidavit; QSEs with less than 51% Black Ownership must obtain a full verification certificate covering all five B-BBEE elements (Ownership, Management Control, Skills Development, Enterprise & Supplier Development, Socio-Economic Development).
The affidavit route exists because the cost of full B-BBEE verification (R15,000–R50,000 per year, plus weeks of consultant and accountant time preparing supporting evidence) is disproportionate for smaller entities. The dtic template (downloadable from thedtic.gov.za) provides the minimum content; our template extends it with expert clauses for Sector Code election (Construction, Tourism, ICT, Property, Financial Services), ownership breakdown table (pre-empts procurement officer queries), intended use declaration (for specific tender or general use), and renewal commitment plus record-keeping undertaking. The affidavit must be signed in person before a Commissioner of Oaths (Justice of the Peace and Commissioners of Oaths Act 16 of 1963) by a director / member of the entity — third-party deponents (consultants, advisors, employees who are not directors / members) are NOT permitted.
What's Covered in This Template
Seven sections covering every minimum content requirement of the dtic QSE affidavit + expert-tier sector code, ownership breakdown, intended use and renewal.
Deponent (Director / Member)
Full name, SA ID, capacity (director / managing director / sole member / public officer) — only directors / members may depose.
Measured Entity
Registered name, CIPC registration, trading name (if different), registered address.
Financial Year + Turnover
Measurement year, FYE, exact turnover figure (optional), QSE bracket (R10m–R25m / R25m–R50m).
Black Ownership
Black Ownership %, Black Women Ownership %, Modified Flow-Through election.
B-BBEE Level Claim
Level 2 (51%+ Black-Owned, 125% recognition) / Level 1 (100% Black-Owned, 135% recognition).
Commissioner of Oaths
Place + date of oath + Commissioner signature block.
Affirmation of Truth + Criminal Sanction
False declaration warning — Justice of the Peace Act 16/1963 + B-BBEE Act 53/2003 s.13G (up to 10 years imprisonment).
Sector Code Election (Expert)
Designated sector code (Construction CSC, Tourism TSC, ICT ICTSC, Property PSC, Financial Services FSC, MAC, CASC, Forestry) + gazette number + variations.
Ownership Breakdown Table (Expert)
Detailed shareholder table (name, SA ID, racial classification, gender, % shareholding, voting rights, economic interest, MFT) + changes during period.
Intended Use Declaration (Expert)
General use OR specific procurement opportunity (tender reference, customer reference, prequalification programme).
Renewal + Record-keeping (Expert)
Target renewal date + supporting record-keeping undertaking (securities register, AFS, racial classifications, shareholder agreements — 5-year retention).
How to Sign a QSE B-BBEE Affidavit
Five steps from drafting to a sworn affidavit valid for 12 months of procurement.
- 1
Confirm QSE Eligibility
Confirm: (a) annual turnover R10m–R50m (use the most recent audited FYE; for newer entities use management accounts); (b) at least 51% Black Ownership (voting rights and economic interest held by Black People as defined in B-BBEE Act). Less than 51% Black-Owned → cannot use affidavit, must obtain full verification.
- 2
Determine Claimed Level
51%–99% Black-Owned → Level 2 (125% procurement recognition). 100% Black-Owned → Level 1 (135%). Where a Sector Code applies (Construction, Tourism, ICT, etc.), the level mapping may differ — check the applicable Sector Code.
- 3
Prepare Supporting Records
Even though the affidavit replaces the verification certificate, supporting records must be available for inspection (BEE Commission, procurement officer, customer audit): Securities Register, share certificates, audited financial statements, racial classification declarations by each shareholder, shareholder agreements, any voting trusts. Failure to support the affidavit on inspection = false declaration.
- 4
Sign Before a Commissioner of Oaths
A director or member of the entity (NOT a third party) signs the affidavit in person before a Commissioner of Oaths (Justice of the Peace and Commissioners of Oaths Act 16 of 1963). Common Commissioners of Oaths: SAPS officers, attorneys, magistrates, advocates, certain bank managers. The Commissioner sees the deponent's SA ID and stamps the affidavit. Free; takes 5 minutes at any police station.
- 5
Use + Renew Annually
Valid for 12 months from oath date. Provide to customers / procurement officers as requested. Diary the renewal date and swear a fresh affidavit before expiry. If turnover changes bracket or ownership shifts during the period, a fresh affidavit reflecting the new position may be required for new procurement.
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Legal Considerations
The affidavit is a sworn statement with criminal-sanction backing — false declarations are prosecutable.
This template is for informational purposes only and does not constitute legal advice. B-BBEE compliance involves sector-specific rules, ownership-structure complexity and turnover calculation that may benefit from professional advice. Consult a qualified South African B-BBEE consultant or attorney where the position is uncertain.
Reviewed for South African law
The Cost Saving — Why QSE Affidavit Matters Commercially
Full B-BBEE verification by a SANAS-accredited verification agency typically costs R15,000–R50,000 per year for a QSE, plus 4–8 weeks of consultant and internal accountant time gathering and presenting supporting evidence across all five B-BBEE elements. For an entity in the R10m–R50m turnover bracket, this is a material cost — frequently 0.5%–1% of turnover. The QSE affidavit route, introduced in 2013 and refined in subsequent amendments, eliminates this cost for entities with at least 51% Black Ownership. The trade-off: the affidavit covers only Ownership (not Management Control, Skills Development, ESD or SED), so procurement officers in larger corporates or government may still ask for evidence on the other elements; but for most QSE procurement situations the affidavit is fully sufficient.
The B-BBEE Act 53 of 2003 and the 2024 Amendments
The Broad-Based Black Economic Empowerment Act 53 of 2003 was substantially amended by the B-BBEE Amendment Act 46 of 2013 (criminal sanctions for fronting introduced — s.13G — up to 10 years imprisonment or a fine of up to 10% of annual turnover) and the Companies Amendment Act 16 of 2024 (signed 26 July 2024, with key provisions including the Companies Act s.48 share buy-back rewrite effective 27 December 2024 and the CIPC Beneficial Ownership hard-stop from 1 July 2024 that affects ownership analysis). The 2018 amended Codes of Good Practice (Government Notice 1037 of 7 September 2018) revised the scorecard weightings (Ownership 25, Management Control 19, Skills Development 25, ESD 40, SED 5, total 114 + 11 for the 5 Sub-minimum / Priority Element bonuses) but kept the QSE affidavit framework. The BEE Commission (established 2016) actively investigates fronting and false declarations — making a false QSE affidavit is exposed to both criminal prosecution under s.13G and reputational damage.
Modified Flow-Through Principle — A Frequently Misunderstood Mechanism
The Modified Flow-Through (MFT) principle in Generic Codes Statement 100 paragraph 4 allows a measured entity to count a single layer of mandated Black involvement as 100% Black, where the economic interest of Black People at that level exceeds 51%. The principle is designed to recognise the legal complexity of multi-tier ownership structures (e.g., where a Black-controlled holding company holds 60% of an operating company, MFT allows the entity to count 100% of the 60% as Black-Owned rather than only the 60% × 60% = 36% that strict flow-through would produce). However, MFT may only be applied at ONE level — it cannot be cascaded. Misapplication of MFT is one of the most common BEE Commission investigation triggers, and a QSE affidavit relying on MFT must specifically declare it (item 3 of the dtic template).
Sector Codes Take Precedence Over Generic Codes
Where an entity operates in a designated sector with a gazetted Sector Code (Construction CSC, Tourism TSC, ICT ICTSC, Property PSC, Marketing Advertising Communications MAC, Financial Services FSC, Chartered Accountancy CASC, Forestry FSC-F, Transport, Defence, Integrated Energy), the Sector Code takes priority over the Generic Codes. Sector Codes typically: (a) reset turnover thresholds for EME / QSE classification (Construction QSE = R5m–R35m, not R10m–R50m); (b) revise the scorecard weightings; (c) introduce sector-specific Priority Elements (e.g., Tourism Subcontracting target); (d) add sector-specific Sub-minimum requirements. A QSE in a designated sector should: (a) confirm the Sector Code thresholds for QSE classification; (b) elect the Sector Code in the affidavit; (c) reflect any sector-specific variations.
Frequently Asked Questions
Sign Your South African B-BBEE QSE Affidavit Now
Generate a Generic Codes QSE Sworn Affidavit covering Deponent, Entity, Financial Year + Turnover, Black Ownership, B-BBEE Level Claim and Commissioner of Oaths — plus optional expert clauses for Sector Code election, ownership breakdown, intended use declaration and renewal commitment. Aligned with the dtic template and B-BBEE Act 53 of 2003 (as amended). Download your PDF and take it to any Commissioner of Oaths.
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