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Free BBBEE Affidavit Generator South Africa (2026) - EME Sworn Declaration

Generate a free BBBEE sworn affidavit for your Exempted Micro Enterprise (EME). If your business has an annual turnover of R10 million or less, you can use this affidavit instead of paying for a full BBBEE verification certificate. Fill in your company details, generate the document, and print it to take to a Commissioner of Oaths.

BBBEE Affidavit Generator

Company / Enterprise Details

BBBEE Information

Deponent (Person Making the Declaration)

What Is a BBBEE Affidavit?

A BBBEE affidavit, also known as a BEE affidavit or BBBEE sworn declaration, is a legal document that confirms your business qualifies as an Exempted Micro Enterprise (EME) under the Broad-Based Black Economic Empowerment Act, No. 53 of 2003. The BBBEE Codes of Good Practice, issued by the Department of Trade, Industry and Competition (DTIC), allow EMEs to submit a sworn affidavit instead of a full verification certificate. This significantly reduces the cost and administrative burden for small businesses that need to demonstrate their BBBEE compliance.

The affidavit serves as a self-declaration that your enterprise meets the EME requirements. Once signed and commissioned before a Commissioner of Oaths, it carries legal weight and can be submitted to government departments, private sector companies, and tender evaluation committees as proof of your BBBEE status.

Who Needs a BBBEE Affidavit?

Almost every South African business will need to demonstrate its BBBEE status at some point. A BBBEE affidavit is specifically relevant for:

  • Government tenders: All government procurement requires proof of BBBEE status. EMEs can submit the affidavit instead of a certificate.
  • Private sector supply chains: Large companies need their suppliers to provide BBBEE documentation for their own scorecards.
  • Bank and financial applications: Some financial institutions request BBBEE documentation as part of business loan or account applications.
  • Property and lease applications: Commercial property owners may request BBBEE status documentation from tenants.
  • Professional registrations: Certain industry bodies require BBBEE documentation for registration or renewal.

EME Classification and BBBEE Levels

The BBBEE Codes of Good Practice classify enterprises into three categories based on annual turnover. Only EMEs can use a sworn affidavit:

CategoryAnnual TurnoverBBBEE LevelAffidavit?
EME (51%+ black owned)R0 - R10 millionLevel 1 (135% recognition)Yes
EME (less than 51% black owned)R0 - R10 millionLevel 4 (100% recognition)Yes
QSER10M - R50 millionScorecard-based (Levels 1-8)No - needs verification
Generic EnterpriseAbove R50 millionScorecard-based (Levels 1-8)No - needs verification
Key benefit: A 51%+ black-owned EME automatically receives Level 1 BBBEE status with 135% procurement recognition. This means that for every R1 a procuring entity spends with your business, they can claim R1.35 towards their preferential procurement score.

How to Complete and Submit a BBBEE Affidavit

The process for obtaining a valid BBBEE affidavit is straightforward:

  1. Gather your information: You will need your company registration number, annual turnover figures, ownership percentages, and the ID number of the person signing the affidavit.
  2. Generate the affidavit: Use our free generator above to create a properly formatted BBBEE sworn declaration. The generator automatically determines your BBBEE level based on your turnover and ownership.
  3. Print two copies: Print at least two copies of the generated affidavit. One will be for the Commissioner of Oaths's records, and one (or more) for your own use.
  4. Visit a Commissioner of Oaths: Take the printed affidavit and your original ID to any SAPS police station (free), magistrate's court (free), or attorney (paid). Do not sign the affidavit before arriving.
  5. Sign and commission: Sign the affidavit in front of the Commissioner of Oaths. They will then stamp and sign it, making it a valid legal document.
  6. Submit to the requesting party: Provide a copy of the commissioned affidavit to your client, government department, or whoever has requested your BBBEE documentation.

BBBEE Affidavit vs Verification Certificate

Understanding the difference between a BBBEE affidavit and a verification certificate is important for compliance:

FeatureBBBEE Affidavit (EME)Verification Certificate (QSE/Generic)
CostFree (at police station)R5,000 - R30,000+
Who issues it?Self-declared, commissioned by Commissioner of OathsSANAS-accredited verification agency
Validity12 months12 months
Turnover thresholdUp to R10 millionAbove R10 million
Processing timeSame day2-6 weeks

Common Mistakes to Avoid

When preparing and submitting a BBBEE affidavit, avoid these common pitfalls:

  • Using an expired affidavit: The affidavit is only valid for 12 months. Submitting an expired one can disqualify your tender or application.
  • Incorrect turnover figures: The turnover figure must reflect your actual annual revenue. Understating turnover to qualify as an EME is fraud and carries criminal penalties.
  • Missing Commissioner of Oaths stamp: An unsigned or unstamped affidavit is not a valid legal document. Ensure the Commissioner stamps and signs it.
  • Not keeping copies: Always keep at least one commissioned copy for your records. Some clients and government departments may request certified copies.
  • Confusing turnover with profit: The R10 million threshold is based on total revenue (turnover), not profit. If your business turns over more than R10 million even if it makes a loss, you do not qualify for an EME affidavit.
Important: Misrepresenting your BBBEE status is an offence under the BBBEE Act. Penalties can include fines of up to 10% of annual turnover and imprisonment of up to 10 years. Always ensure that the information in your affidavit is accurate and truthful.

Frequently Asked Questions

What is a BBBEE affidavit?

A BBBEE affidavit is a sworn declaration that confirms your business qualifies as an Exempted Micro Enterprise (EME) under the Broad-Based Black Economic Empowerment Act. Instead of paying for a full BBBEE verification certificate, EMEs with annual turnover of R10 million or less can submit this affidavit to confirm their BBBEE status. It must be signed before a Commissioner of Oaths to be valid.

Who qualifies to use a BBBEE affidavit instead of a verification certificate?

Only Exempted Micro Enterprises (EMEs) with an annual total revenue or turnover of R10 million or less qualify to use a sworn affidavit. Qualifying Small Enterprises (QSEs) with turnover between R10 million and R50 million must obtain a BBBEE scorecard from an accredited verification agency. Generic enterprises (turnover above R50 million) require a full BBBEE verification.

What BBBEE level does an EME get?

An EME automatically qualifies as a Level 4 BBBEE contributor with 100% procurement recognition. However, if the EME is 51% or more black owned, it automatically qualifies as a Level 1 contributor with 135% procurement recognition. If it is 100% black owned, it remains Level 1. These levels are automatic and do not require a scorecard assessment.

How much does a BBBEE affidavit cost?

You can create a BBBEE affidavit completely free of charge using our generator. Having it commissioned (signed and stamped) at a South African Police Service (SAPS) station or magistrate's court is also free. Some businesses choose to have an accountant or attorney prepare it, which can cost between R200 and R1,500, but this is not necessary.

How long is a BBBEE affidavit valid?

A BBBEE affidavit is valid for 12 months from the date it is signed and commissioned. After 12 months, you will need to complete and commission a new affidavit. This ensures that the enterprise's turnover and ownership information remains current.

Where do I get a BBBEE affidavit commissioned?

You can have your BBBEE affidavit commissioned at any South African Police Service (SAPS) station for free. Police officers with the rank of sergeant or above are designated Commissioners of Oaths. You can also have it commissioned at a magistrate's court, by an attorney, or at some banks. Simply print the affidavit from our generator, bring your ID, and visit the nearest police station.

Can a sole proprietor get a BBBEE affidavit?

Yes, sole proprietors, partnerships, close corporations, and private companies can all use a BBBEE affidavit as long as their annual turnover is R10 million or less. The deponent (person signing) should be the owner, partner, member, or director who is authorised to represent the business.

What is the difference between an EME and a QSE?

An EME (Exempted Micro Enterprise) has annual turnover of R10 million or less and can submit a sworn affidavit for BBBEE compliance. A QSE (Qualifying Small Enterprise) has annual turnover between R10 million and R50 million and must be assessed against a BBBEE scorecard by an accredited verification agency. QSEs cannot use an affidavit.

Do I need a BBBEE certificate for government tenders?

Yes, when tendering for government contracts, you must provide proof of your BBBEE status. For EMEs, a sworn affidavit is accepted in place of a verification certificate. The affidavit must be on a valid letterhead (if applicable) and commissioned by a Commissioner of Oaths. Some government departments may also require a certified copy of the affidavit.

What happens if my turnover exceeds R10 million during the year?

If your annual turnover exceeds R10 million, you will no longer qualify as an EME and cannot use an affidavit for BBBEE purposes. You will then be classified as a Qualifying Small Enterprise (QSE) and must obtain a BBBEE verification certificate from an accredited agency for your next BBBEE assessment period.

Disclaimer: This generator creates a draft BBBEE affidavit for informational purposes based on the Codes of Good Practice. While it follows the standard format, it does not constitute legal or tax advice. For complex ownership structures or sector-specific codes, consider consulting a BBBEE verification agency or qualified advisor. The affidavit only becomes a legal document once it has been signed and commissioned by a Commissioner of Oaths.

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