I’ve received a number of emails from business consultants trying to get me to buy an Access to Information Act manual from them. They’re telling me that I could be fined or go to jail if I don’t get it drafted. Is this something I need to get done?
Section 51(1) of the Promotion of Access to Information Act requires businesses to compile an Information Manual, and to lodge it with the Human Rights Commission. However, certain businesses are temporarily exempt from this requirement. You do not need to draft this manual if your business:
- Employs less than 50 employees; and
- Earns an annual turnover that is less than the amount specified in the government notice. See the table below.
|Mining and Quarrying||R22,5million|
|Electricity, Gas and Water||R30million|
|Retail & Motor Trade & Repair Services||R45million|
|Wholesale Trade, Commercial Agents & Allied Services||R75million|
|Catering, Accommodation & other trade||R15million|
|Transport, Storage & Communications||R30million|
|Finance & Business Services||R30million|
|Community, Special & Personal Services||R15million|
Note that if you employ more than 50 employees you will need to draft an Access to Info Manual, regardless of your turnover.
Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements.