As directed by SANAS/DTI a Sworn Affidavit must be completed according to the applicable sector code of the entity. You need to establish where you generate more than 50% of the company's income?
Accountants/ Auditors letters confirming the turnover of the company and a Level is not a Sworn Affidavit and will not be accepted by the DTI as confirmation of the entities BEE Level – it must be the applicable Sworn Affidavit. https://www.compliancehub.co.za/affidavit-templates.
There are 25 different Sworn Affidavit templates for the different business sectors as defined in the sector codes https://www.compliancehub.co.za/sector-codes
An EME (Exempted Micro Enterprise) under the General Codes of Good Practice, turnover needs to be below R10 million per annum.
A QSE (Qualifying Small Enterprise) under the General Codes of Good Practice, turnover needs to be between R10 million and R50 million per annum
Once the template has been confirmed for the specific client’s business.
The following information needs to be completed properly, if not the Sworn Affidavit will also be rejected as invalid:
Page One Full name, surname and identity number to be completed
Clause 2- a block to be drawn around either “Member/Director/Owner”
Enterprise name needs to be written in full as well as the trading name (if applicable) otherwise “Not applicable”
The Company Registration and vat number to be completed (if not registered for vat please again write in full “not applicable”
The Companies physical address including the postal code to be inserted.
Entity of the company correctly stated ie Pty Ltd, cc Sole Prop Etc.
Initials of the Deponent and the Commissioner at the bottom of page 1
All places that have the percentage sign – the percentage needs to be written in full words (five (5)) or (ten (10) ) or (fifty one (51))
“Based on the Audited Financial Statements/ Financial Statements” the choice needs have a block around the correct choice, as well as the date needs to be written 3rd January 2021 NOT 3/01/2021
The Levels Level 1/Level 2/Level 4 need to have a ticket in the box that is applicable to the company that the Sworn Affidavit is being completed for not after completing everything above a N/A is put in. This is defeating the whole object of having the Sworn Affidavit
Last but very important at the bottom of the page “Deponent Signature” and “Commissioner of Oaths” must be full signature and dated on the same day at the same time in front of the Commissioner with the Commissioners stamp as well
Compare your affidavit to our example (link) to ensure that it is correct
Please call us for any help or clarity with regards to the different Affidavits.
Sharon Louw: Executive Consultant - Compliance Hub