If you own your business, whether you’re a multinational conglomerate or you’ve set up office in your garage, it is likely that you have, from time to time, been bombarded with information about the Promotion of Access to Information Manual, the importance of having one, and the penalties involved in not having one. Of course, this information is usually accompanied by an offer to do it all for you for a fee, and urgently if you want to stay out of jail.

But do you really need to have an Information Manual in place? Before spending a fortune in consulting fees, consider whether you are required to comply, or whether you are one of the exempt businesses in terms of the Regulations.

The Information Manual is outlined by section 51 of the Promotion of Access to Information Act. The Manual needs to include company information, and must outline the procedures that a person needs to follow if he or she wants information about or held by the private body. These private bodies can include sole proprietors, close corporations, companies and business trusts. In addition to submitting the Manual to the South African Human Rights Commission, this Manual needs to be available to the public. The penalty for failing to do this is a fine or up to two years in prison.

In terms of Regulation 27988, there are certain categories of private bodies that do not need to submit Information Manuals – at least, not until 2011, when the moratorium will be reconsidered.

You need to have your manual in place if:

- You're a public company; or

- You employ 50 or more employees; or

- You operate in a specific industry and have a turnover equal to or in excess of that specified in the Regulation:

Agriculture: R2 million

Mining and Quarrying: R7 million

Manufacturing: R10 million

Electricity, Gas and Water: R10 million

Construction: R5 million

Retail and Motor Trade and Repair Services: R15 million

Wholesale Trade, Commercial Agents and Allied Services: R25 million

Catering, Accommodation and other Trade: R5 million

Transport, Storage and Communications: R10 million

Finance and Business Services: R10 million

Community, Special and Personal Services: R5 million

If you do not fall into one of the above-mentioned categories, you do not need an Information Manual – yet.

In Summary: If you operate a business, ensure that you have drafted an Information Manual, and have submitted it to the South African Human Rights Commission. But only if you have to. If you’re in the exempt category… don’t worry about it until 2011.

Kerry Jack is an admitted attorney, and is the founder and co-owner of www.AgreementsOnline.co.za, South Africa’s leading source of legal agreements and documentation.