What is a BBBEE Affidavit? (And How to Fill It Out)

For small businesses in South Africa, the BBBEE Sworn Affidavit is a game-changer. It replaces the expensive and time-consuming process of getting a verified certificate. But while it's simple, it's also a legal document. One mistake can render it invalid—or worse, land you in legal trouble for fraud.

What is it?

A BBBEE Sworn Affidavit is a written statement confirmed by oath or affirmation, used by Exempted Micro Enterprises (EMEs) and certain Qualifying Small Enterprises (QSEs) to declare their BBBEE status.

Which Template Do I Need?

There are two main templates. Using the wrong one is an automatic fail.

1. EME Affidavit

• <strong>For:</strong> Businesses with annual turnover of <strong>R10 million or less</strong>.
• <strong>Result:</strong> Automatically Level 4 (if <51% black owned), Level 2 (if >51% black owned), or Level 1 (if 100% black owned).

2. QSE Affidavit

• <strong>For:</strong> Businesses with turnover between <strong>R10 million and R50 million</strong> AND are <strong>at least 51% black owned</strong>.
• <strong>Result:</strong> Level 2 (if >51% black owned) or Level 1 (if 100% black owned).

<strong>Note:</strong> If you are a QSE with <strong>less than 51% black ownership</strong>, you CANNOT use an affidavit. You must get a SANAS-accredited certificate.

How to Fill It Out (Step-by-Step)

Section 1: Enterprise Details

Fill in your registered company name, trading name, registration number, VAT number (if applicable), and physical address exactly as they appear on your CIPC documents.

Section 2: Financial Year

Enter the financial year-end that this affidavit applies to (e.g., 28 February 2025). The turnover you declare must be based on the financial statements for this specific year.

Section 3: Black Ownership

Calculate your black ownership percentage accurately. This includes:

• Voting Rights
• Economic Interest
• Specific categories (Black Women, Black Youth, Black Disabled, etc.)

Section 4: Turnover Declaration

Tick the box that corresponds to your turnover (e.g., "R10,000,000 or less").

Section 5: Deponent Signature

The "Deponent" is you (the director/member). Sign and date the document. <strong>CRITICAL:</strong> The date you sign MUST be the same date the Commissioner of Oaths signs.

Section 6: Commissioner of Oaths

Take the document to a police station, post office, or lawyer. They must sign, stamp, and date it. The stamp must be clear and include their details.

Common Mistakes to Avoid

1. <strong>Date Mismatch:</strong> If you sign on Monday and the police sign on Tuesday, the affidavit is invalid.
2. <strong>Using the Wrong Sector Code:</strong> If you are in Construction, Transport, or ICT, you must use the specific affidavit template for that sector, not the general DTI one.
3. <strong>Guessing Turnover:</strong> If you declare <R10m but your bank statements show R11m, you have committed fraud.

Frequently Asked Questions

Does an affidavit expire?

Yes. It is valid for 12 months from the date of signing.

Can I edit the template?

No. You cannot change the wording. You can only fill in the blanks. However, you can print it on your company letterhead.

Is a copy valid?

For tender submissions, a certified copy of the original affidavit is usually accepted. Keep the original safe.

Conclusion

The BBBEE Affidavit is a powerful tool for small business growth. It levels the playing field, allowing a one-person startup to compete with established giants. Treat it with respect, ensure it is accurate, and use it to unlock opportunities.