B-BBEE affidavit and levels: what an EME or QSE can claim, and how

B-BBEE compliance is often treated as a large-company exercise, but the codes deliberately carved out small businesses. An Exempted Micro-Enterprise can prove its status with a single sworn page - no agency, no fee, no audit.

The bands

Category	Basis	Proof
EME	Turnover below the EME threshold	Sworn affidavit
QSE	Turnover in the QSE band	Sworn affidavit if at least 51% black-owned, otherwise a verified certificate
Generic	Above the QSE band	Verified B-BBEE certificate

The thresholds themselves are set in the codes and are adjusted from time to time, so the band a business sits in should be confirmed against the current codes rather than a figure from an old spreadsheet.

What the affidavit says

A compliant affidavit sets out:

• the entity’s name and registration number,
• the turnover band it falls into, with reference to the codes,
• the percentage of black ownership, and for the enhanced levels, the percentage of black women ownership,
• and a declaration that the information is true.

It must be sworn before a commissioner of oaths. Police stations and attorneys provide this free.

What the status is worth

The B-BBEE status level feeds into the preference point system used in government procurement as well as into private-sector supplier requirements. It translates directly into points on a bid, so an EME with a valid affidavit is not merely compliant - it is competitive.

Two practical points:

1. Renew annually. An affidavit is generally treated as valid for twelve months. An expired one is not evidence of anything.
2. Some buyers require a verified certificate anyway. Read the bid document. A tender that specifies an accredited certificate does not become acceptable because an affidavit would normally suffice.

Common errors

• Claiming a band you are not in. Turnover is measured, and a false turnover declaration is a misrepresentation.
• Getting the ownership percentages wrong - particularly where a trust or a holding company sits in the structure, which changes who the black owners actually are.
• Swearing the affidavit but leaving the date blank. An undated affidavit has no validity period and will be queried.
• Assuming the status transfers between entities. Each registered entity has its own status; a group structure does not carry one company’s level across to another.

A promise made by an agency is a warning sign

Verification agencies measure; they do not award. A provider offering a guaranteed level for a fee is describing something other than verification. On a government tender, a misrepresented B-BBEE position is grounds for disqualification and can carry consequences for the directors personally.

Where it fits

A valid B-BBEE status is a standard item in a bid pack alongside tax clearance and CSD registration - the tender application guide covers the rest of the pack. The company registration and annual return guides cover the registry obligations that underpin the status.

Last reviewed 13 October 2026. B-BBEE thresholds, levels and affidavit requirements are set in the codes of good practice issued under the B-BBEE Act and are amended periodically; confirm the current position with the B-BBEE Commission or the dtic.