Valid B-BBEE Affidavits: What Can Go Wrong?

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Originally published 16 May 2023.

A B-BBEE affidavit can be rejected when the wrong format is used, information is missing, or the document is not properly commissioned. Common problems include:

The sector does not allow an affidavit

For example, entities that fall within certain Transport Sector Codes may not use an affidavit as proof of B-BBEE status, irrespective of annual turnover.

The wrong sector template is used

Construction, Property, Tourism and Defence sector thresholds and templates differ from the Generic Codes. The applicable affidavit format must be used.

The affidavit was not signed correctly

The deponent must sign in the presence of the commissioner of oaths. Differing signature dates or inappropriate electronic-signature evidence may raise concerns.

The document was certified rather than commissioned

A stamp reading “certified copy of the original” does not confirm that an oath was taken. Check the commissioner’s stamp carefully.

Required signatures or details are missing

The deponent’s designation, black ownership percentages, turnover, financial period and applicable level must be completed correctly. Missing signatures mean the document is not a valid affidavit.

The commissioner is not impartial

A staff member or another person closely connected to the measured entity may not be considered impartial.

The financial period is outdated

The turnover declared should relate to the most recent relevant financial period.

All the details matter—especially the small ones.

Requirements differ by sector and may change. Confirm the current applicable code and template before relying on an affidavit.