DEWANI: Polygraphs in South Africa,

Polygraph TestingProvided by the Commission for Conciliation, Mediation and Arbitration (CCMA)

WHAT IS POLYGRAPH TEST

It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test.’ 

IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA

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.

CAN ONE BE COMPELLED TO UNDERGO A POLYGRAPH TEST

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;

WHAT IS POLYGRAPH TEST

It is a test used to verify a person’s truthfulness and is often called a ‘Lie Detector Test.’

IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA

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.

CAN ONE BE COMPELLED TO UNDERGO A POLYGRAPH TEST

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;
• no abuse in whatever way will be allowed;
• no discrimination will be allowed;
• no threats will be allowed.