If your business has annual turnover below R10 million it is an Exempted Micro Enterprise, and you do not need a paid B-BBEE verification certificate. A sworn affidavit confirming your turnover and black ownership percentage, signed before a commissioner of oaths, is legally sufficient. It costs nothing, takes about an hour, and is valid for 12 months.

A great many small South African businesses pay verification agencies for certificates they were never required to have. If your turnover is under R10 million, this is one of the few pieces of compliance that is genuinely free.


TL;DR

  • Turnover under R10 million → Exempted Micro Enterprise (EME) → affidavit only, no certificate needed.

  • Turnover R10m–R50m → Qualifying Small Enterprise (QSE). QSEs that are more than 51% black owned may also use an affidavit.

  • Automatic Level 4 for an EME regardless of ownership.

  • Level 2 if more than 51% black owned. Level 1 if 100% black owned.

  • Free. A commissioner of oaths charges nothing.

  • Valid 12 months from the date of signature.

  • Sector charters differ — check yours if you are in construction, ICT, tourism, agriculture, property or financial services.


The three categories

Under the generic Codes of Good Practice:

Category Annual turnover What you need
Exempted Micro Enterprise (EME) Below R10 million Sworn affidavit
Qualifying Small Enterprise (QSE) R10m – R50m Verification certificate, or an affidavit if more than 51% black owned
Generic enterprise Above R50 million Full verified scorecard

Sector codes override the generic codes. Construction, ICT, tourism, agriculture, property, financial services, transport and others have their own charters with different thresholds. If you are in one of those sectors, check the applicable charter rather than assuming the generic numbers apply.


What an EME automatically gets

This is the part that surprises people.

An EME is automatically a Level 4 contributor, with 100% B-BBEE recognition, regardless of who owns it. Black ownership is not required to be a Level 4 EME.

Ownership then improves the level:

Black ownership B-BBEE level Recognition
Any (including 0%) Level 4 100%
More than 51% Level 2 125%
100% Level 1 135%

Why this matters commercially: a customer buying from a Level 1 supplier gets 135% of what they spend counted towards their own preferential procurement scorecard. That is a genuine reason a corporate would choose you over a competitor, and it is worth stating clearly on your website and in proposals.


What the affidavit must contain

The affidavit is a sworn statement. It must confirm:

  • The full name and registration number of the business

  • That the annual total revenue is R10 million or less (for an EME)

  • The percentage of black ownership

  • The resulting B-BBEE level and recognition percentage

  • That the information is true and correct

  • The date and the deponent's signature

  • The commissioner of oaths' stamp, signature and details

The Department of Trade, Industry and Competition publishes a standard template. Using the official wording is safer than drafting your own, because procurement departments know what the standard document looks like and query anything unfamiliar.


How to get one

1. Confirm your turnover. Annual total revenue for the most recent financial year. If you are near R10 million, use your annual financial statements rather than an estimate — the affidavit is a sworn statement and getting it wrong is a serious matter.

2. Confirm black ownership percentage. Based on the actual shareholding, looked at through any holding structures.

3. Complete the standard template. Do not sign it yet.

4. Take it to a commissioner of oaths. Any police station, most attorneys, many bank branches, and various municipal offices. Sign it in front of them — an affidavit signed beforehand is invalid.

5. Take your ID.

6. Keep the original, and scan it for sending to customers.

It costs nothing. A commissioner of oaths may not charge for commissioning an affidavit.


Validity and renewal

Valid for 12 months from the date of signature.

Renew annually, and immediately if anything changes:

  • Turnover crosses R10 million

  • Ownership changes

  • The business restructures

Diarise the expiry. An expired affidavit is worth nothing, and discovering it has lapsed two days before a tender closes is a bad afternoon.


When you actually need it

Government tenders. Effectively always, alongside CSD registration and a tax compliance status PIN.

Corporate supplier onboarding. Large customers need your level for their own preferential procurement scorecard.

Enterprise and supplier development programmes. These target EMEs and QSEs specifically, and having the affidavit ready is often the entry requirement.

Certain licences and industry registrations.


What an affidavit does not do

It does not make you compliant with anything else. B-BBEE status is separate from tax compliance, CIPC compliance, COIDA registration and everything else a tender requires.

It does not improve your level. It records your level. If you want to move from Level 4 to Level 2, that requires an actual change in ownership, not a different affidavit.

It is not a verification certificate. For an EME it is the legal equivalent, but a customer who insists on a verified certificate is entitled to ask for one — though for an EME, pointing them at the Codes usually resolves it.

It does not survive a turnover increase. Cross R10 million and you become a QSE, with different requirements.


If you are a QSE

Between R10 million and R50 million:

  • More than 51% black owned → you may also use a sworn affidavit

  • Otherwise → you need a verification certificate from a SANAS-accredited verification agency, which is a paid, evidence-based process taking weeks

Plan ahead if you are approaching R10 million. The step from affidavit to verified certificate involves real cost and lead time, and finding out mid-tender is expensive.


Frequently asked questions

How do I get a B-BBEE affidavit in South Africa? Complete the standard sworn affidavit template confirming your annual turnover and black ownership percentage, take it to any commissioner of oaths with your ID, and sign it in front of them. It costs nothing and is valid for 12 months.

Do I need a B-BBEE certificate for a small business? Not if your annual turnover is below R10 million. An Exempted Micro Enterprise needs only a sworn affidavit, which is the legal equivalent of a certificate for that category.

What B-BBEE level is an EME? Automatically Level 4 with 100% recognition, regardless of ownership. More than 51% black ownership makes it Level 2 with 125% recognition, and 100% black ownership makes it Level 1 with 135% recognition.

How much does a B-BBEE affidavit cost? Nothing. A commissioner of oaths may not charge for commissioning an affidavit, and no verification agency is involved for an EME.

How long is a B-BBEE affidavit valid? 12 months from the date of signature. Renew annually, and immediately if your turnover or ownership changes.

What is the difference between an EME and a QSE? Under the generic codes an Exempted Micro Enterprise has annual turnover below R10 million and needs only an affidavit. A Qualifying Small Enterprise has turnover between R10 million and R50 million and generally needs a verification certificate, unless it is more than 51% black owned, in which case an affidavit is also acceptable.

Can I sign the affidavit before going to the commissioner of oaths? No. It must be signed in the presence of the commissioner. An affidavit signed beforehand is invalid.

Do sector charters change these thresholds? Yes. Construction, ICT, tourism, agriculture, property, financial services and other sectors have their own charters with different thresholds and requirements. Check the charter applicable to your industry rather than assuming the generic codes apply.


Free, but only if you know it is

The affidavit route is one of the few genuinely free pieces of South African business compliance — and the reason so many small businesses pay for certificates they do not need is simply that nobody told them.

Smartbook generates a B-BBEE affidavit free for clients as part of getting a business tender-ready, alongside CSD registration, tax clearance and the COID letter of good standing.

Get a free B-BBEE affidavit →

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Last reviewed: 26 July 2026. Written by the Smartbook team — SAIPA and SAICA accredited, SARS registered tax practitioners. Thresholds shown are under the generic Codes of Good Practice. Sector charters differ — confirm the codes applicable to your industry. General guidance, not advice on your circumstances.

Primary sources: Department of Trade, Industry and Competition — B-BBEE · B-BBEE Commission · Broad-Based Black Economic Empowerment Act 53 of 2003 and Codes of Good Practice