🌱 Understanding the New EME Affidavit Requirements: What South African Businesses Need to Know

As of 6 June 2025, the process of obtaining a B-BBEE affidavit for Exempted Micro Enterprises (EMEs) in South Africa has evolved—and it’s a change business owners cannot afford to ignore. The CIPC, in collaboration with the dtic, introduced new requirements that now involve Sector Charter Councils and SIC (Standard Industrial Classification) codes.

If you’re a small business owner, especially in a sector like construction, tourism, ICT, or property, this update matters to you.

Let’s break down what it means and how you can stay compliant while making the most of your B-BBEE recognition.


🔍 What Is an EME Affidavit?

An Exempted Micro Enterprise (EME) is a business with an annual turnover threshold set by either the Generic B-BBEE Codes or the relevant Sector Code (see below). These businesses automatically qualify for Level 4 B-BBEE status—unless they’re black-owned, in which case they can achieve Level 2 or Level 1 status.

Instead of going through a full B-BBEE verification, EMEs may submit a sworn affidavit to confirm:

  • Their annual turnover; and
  • Their level of black ownership.

This affidavit serves as your official B-BBEE certificate for 12 months. Simple, right? Well, it was—until the latest updates brought sector-specific requirements into the picture.


🏛️ Enter: Sector Charter Councils

One of the biggest updates is the integration of Sector Charter Councils into the EME affidavit process.

These councils are responsible for:

  • Overseeing B-BBEE implementation within their sector;
  • Recommending updates to their sector codes;
  • Receiving and reviewing B-BBEE reports and affidavits;
  • Tracking progress and compiling transformation statistics;
  • Providing guidance to businesses on sector-specific compliance.

🧭 Recognised Sector Charter Councils in South Africa

Sector

Charter Council

Construction

Construction Sector Charter Council (CSCC)

Tourism

Tourism B-BBEE Charter Council

ICT (Information & Communication Technology)

ICT Sector Council

Property

Property Sector Charter Council

Financial Services

Financial Sector Charter Council

Transport

Transport Sector Charter Council

Forestry

Forest Sector Charter Council

Marketing, Advertising & Communication (MAC)

MAC Sector Charter Council

Agriculture

Agri-BEE Charter Council

Legal Services

Legal Sector Charter Council

Defence

Defence Sector Charter Council

Chartered Accountancy

SAICA Transformation & Growth Committee

Mining

Mining Charter (via DMRE)

Generic (Non-sector-specific)

Department of Trade, Industry and Competition (dtic)

📌 Note: Not all industries have a gazetted sector code. If your business operates outside a sector listed above, you’ll follow the Generic B-BBEE Codes under the Department of Trade, Industry and Competition (dtic).

💰 EME Turnover Thresholds by Sector

Each sector may define its own turnover threshold for what qualifies as an EME. Using the wrong threshold can invalidate your affidavit or lead to misrepresentation.

📌 Sector-Specific EME Threshold Summary

Sector

EME Turnover Threshold

Generic (dtic)

≤ R10 million

Construction – Built Environment Professionals (BEPs)

≤ R1.5 million

Construction – Contractors

≤ R3 million

Tourism

≤ R5 million

ICT

≤ R10 million

Property – Estate Agents

≤ R2.5 million

Property – Property Services

≤ R10 million

Property – Ownership Enterprises

Total assets ≤ R30 million

Forestry

≤ R10 million

Marketing, Advertising & Communication (MAC)

≤ R10 million

Agriculture

≤ R10 million

Financial Services

≤ R10 million

Legal Services

≤ R10 million

Tip: Always check your sector’s code to ensure you’re using the correct threshold and affidavit template.


✍️ How to Complete Your EME Affidavit – Step-by-Step

  1. Confirm your turnover and black ownership level based on your most recent financial year.
  2. Identify your SIC code and relevant industry sector.
  3. Download the correct affidavit template—generic or sector-specific (e.g., ICT, Tourism, Property).
  4. Complete and sign the affidavit in front of a Commissioner of Oaths.
  5. Submit the affidavit where required: to clients, tender platforms, and your Sector Charter Council (if applicable).
  6. Renew annually.

Only a registered director or member may sign the affidavit. Agents or accountants may not sign on behalf of the company.


💡 Why Sector-Specific Affidavits Matter

With the inclusion of SIC codes and Sector Charter Councils, the affidavit system now ensures that transformation efforts are tracked accurately per sector.

If your business is:

  • A guesthouse or travel agency → use the Tourism affidavit
  • A real estate agent or facility manager → use the Property sector affidavit
  • A marketing agency → use the MAC sector affidavit

Using the wrong affidavit or turnover threshold could invalidate your submission and hurt your procurement prospects.


📋 General Summary

Requirement

Detail

Validity

12 months from signing

Ownership Recognition

51%+ = Level 2; 100% = Level 1

Signature

Director/member only

Templates

Sector-specific affidavits required if applicable

Council Oversight

All submissions subject to review by relevant Sector Council


💬 Final Thoughts

The new EME affidavit process aims to refine and reinforce South Africa’s transformation goals—by making sure that even small businesses participate sector-specifically and transparently.

✔️ Use the correct threshold
✔️ Choose the right sector template
✔️ Renew your affidavit every 12 months

Need help checking your SIC code or finding the correct affidavit form? I’m happy to assist—reach out and let’s ensure your business stays confidently compliant.

 

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