B-BBEE Affidavit Guide: Complete and Sign Your EME Status Affidavit

For businesses with annual turnover of R10 million or less (EMEs), a sworn affidavit is the only B-BBEE compliance document you need. Getting the affidavit right is critical — errors or missing information can lead to rejection in tender evaluations. This guide walks through every step of completing and signing a valid B-BBEE affidavit.

Why the Affidavit Is Legally Sufficient for EMEs

The B-BBEE Amended Codes specifically provide that an EME's B-BBEE status may be confirmed through a sworn affidavit rather than formal verification. This recognises that the cost of SANAS-accredited verification would be disproportionate for a business earning under R10 million per year. The affidavit, once properly completed and signed, has the same legal standing as a verification certificate for procurement purposes.

Note that some procurement officers at large SOEs or corporates may request a formal verification even for EMEs, though they are not legally entitled to insist on this if the Amended Codes apply. If this happens, quote the relevant Amended Codes clause to the procurement officer.

Required Content: What the Affidavit Must State

A legally valid B-BBEE EME affidavit must contain all of the following:

Full legal name of the entity and its registration number (or ID number for sole proprietors)
Type of entity (Pty Ltd, CC, sole proprietor, partnership, trust, etc.)
Financial year end date
Total annual turnover for the financial year in rands (must not exceed R10 million to qualify as EME)
Statement confirming the entity qualifies as an EME
Percentage of black ownership (and whether it exceeds 51% for Level 1 or 30% for black women-owned Level 2)
If applicable: statement that the entity is more than 51% black-owned (Level 1 qualification)
If applicable: statement that the entity has more than 30% black women ownership (Level 2 qualification)
Declarant's full name, ID number, and capacity (director, sole proprietor, trustee, etc.)
Date and place of execution

Who Can Commission the Oath

The affidavit must be signed in the presence of and commissioned by one of the following:

A Commissioner of Oaths (any person appointed under the Justices of the Peace and Commissioners of Oaths Act — includes bank officials, attorneys, accountants, magistrate court staff)
A member of the South African Police Service (SAPS)
A Notary Public (a qualified attorney who has passed the notarial admission examination)

Common Mistakes to Avoid

The most common errors that lead to affidavit rejection in tender evaluations are:

Outdated turnover figures: the affidavit must reflect the most recent completed financial year, not a historical year
Missing Commissioner of Oaths stamp or signature: the affidavit is invalid without both the declarant's signature and the Commissioner's stamp and signature
Incorrect ownership percentage: stating approximate rather than actual ownership percentages can be challenged
Using a generic or unsigned template: procurement officers often reject printed templates without original signatures
Not specifying the entity type: failure to identify whether the entity is a Pty Ltd, CC, sole proprietor, etc.

Validity and Renewal

The B-BBEE affidavit is valid for the financial year for which the turnover is stated — not for 12 months from any arbitrary date. Once the financial year covered by the affidavit ends and new financial statements are available, you must sign a new affidavit. Some procurement processes accept a current management accounts-based affidavit if the financial year has only recently ended and audited statements are not yet available.

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Frequently Asked Questions

Is there a standard government-issued affidavit form?

There is no prescribed dtic-issued form. You may use any document that contains all the required information. Some banks and legal practices have their own templates. The key is completeness and correct execution before a Commissioner of Oaths.

Can I sign the affidavit at a bank?

Yes. Most major commercial banks (ABSA, Standard Bank, Nedbank, FNB) provide Commissioner of Oaths services for account holders, typically at no charge. Bring your identity document and the affidavit document.

What if I have multiple businesses?

Each legal entity requires its own separate affidavit. A sole proprietor operating multiple trading names under one ID number would have one affidavit reflecting the combined turnover of all trading activities.

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