A: It is a test used to verify a person's
truthfulness and is often called a '
Lie Detector Test.'
A: Polygraph testing is a fairly new concept in
South Africa, especially in disputes relating to
employment relationships. There is no legislation at this point to control the use of the test or to
protect the employee’s right against the
abuse of the test.
A: It is against the Constitution of
South Africa to compel a person to undergo a
polygraph examination, unless she or he consents to it. The consent must be in writing.
- The individual should be informed that the examinations are voluntary
- Only questions discussed prior to the examination will be used
- He / she has a right to have an interpreter, if necessary
- Should he / she prefer, another person may be present during the examination
- Provided that person does not interfere in any way with the proceedings
A: Generally, employers are permitted to use the
polygraph to
investigate specific incidents where:
- Employees had access to the property which is the subject of the investigation
- There is a reasonable suspicion that the employee was involved in the incident
- There has been economic loss or injury to the employer’s business like theft of company property
- The employer is combating dishonesty in positions of trust
- Combating serious alcohol, illegal drugs or narcotics abuse and fraudulent behaviour in the company
- The employer is combating deliberate falsification of documents and lies regarding true identity of the people involved.
A: Polygraph results cannot be released to any person but to an authorized person.
Generally it is the person who has undergone the
polygraph test (examinee), or anyone specifically designated in writing by the examinee, firm, corporation or government agency that requested the examination.
A: Polygraphists have been accepted as expert witnesses whose
evidence needs to be tested for reliability. The duty of the
commissioner is to determine the admissibility and reliability of the
evidence.
Polygraph test may not be interpreted as implying
guilt but may be regarded as an aggravating factor especially where there is other
evidence of
misconduct. In other words,
polygraph test results, on their
own, are not a basis for a finding of
guilt. It can be used only in support of other
evidence.