What is a Polygraph Examination?

A Polygraph Examination is a method of asking an examinee questions and measuring their physical, emotional and verbal responses to these questions to ascertain the truthfulness of the answers. It is an interview with the examinee and the measurement and recording of physical and emotional reactions and oral answers to questions which are then analysed by the Polygraph Examiner to conclude.

Are there any laws controlling the use of Polygraph Examinations 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 tests or to protect the employee's rights against the abuse of the test. TPS strives to make the process as fair as possible by doing both audio and visual recordings of the pre-test interview and the test itself to ensure that the examinee's rights are not violated.

Can one be compelled to undergo a Polygraph Examination?

It is against the Constitution of South Africa to compel a person to undergo a polygraph examination unless he or she consents to it. The consent should 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, provided that the person does not interfere in any way with the proceedings
• He/she must be made aware that the entire examination will be video recorded

When is the employer permitted to use a polygraph?

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 such as theft of company property
• The employer is combating dishonesty in positions of trust
• The employer is combating serious alcohol, illegal drugs or narcotics abuse and fraudulent behaviour within the company.
• The employer is combating deliberate falsification of documents and lies regarding the true identity of the people involved.

Who gets the Polygraph examination results?

Polygraph results are only released to the authorized person or anyone specifically designated in writing by the firm, corporation, or individual who requested the examination.

What is the status of Polygraph examinations at CCMA?

Polygraphs 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 examinations 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 examination results, on their own, are not a basis for a finding of guilt. It can be used only in support of other evidence.

Relevant Legislation

The constitution of the Republic of South Africa, Chapter 2

What to do before booking a Polygraph Examination?

Determine the type of examination required, whether it be a pre-employment, a screening or a diagnostic examination.
Ensure that the employee consents to the examination in writing before the test is scheduled and that they understand that refusal on the day will incur a cancelation charge by the Polygraph examiner. The consent form of the Polygraph Examiner will be signed prior to the examination itself.
Ensure that the employee understands what the examination is about and the subject of the investigation.
Pregnant individuals, individuals using certain medications and individuals under severe emotional trauma are not advised to undergo an examination as this severely degrades the accuracy of the examination.

What is the process of the Polygraph Examination?

Case preparation:

During this phase, the examiner gathers information regarding the case and the person/s to be tested from the person investigating the case. The examiner then formulates the questions that will be asked during the examination and confirms them with the investigator.

Pre-examination interview:

The following aspects are covered during the pre-examination interview:

• Informing the examinee of his or her rights regarding the examination
• Ensuring that the examinee has consented to take the examination
• Conducting an objective appraisal of the examinee's personality through verbal and non-verbal responses to a variety of questions
• Evaluating the examinee's physiological and psychological suitability to undergo the examination.
• Ensuring the proper psychological conditioning of the examinee so as to obtain clear and conclusive examination results.
• Conducting an in-depth analysis of the case facts with the examinee.
• Previewing in detail with the examinee all questions to be asked during the examination.

Collecting Polygraph Data:

During this phase, the Pneumographs, GSR (Galvanic skin response) and Cardiograph sensors and motion sensors are attached to the examinee. The examinee is then asked the agreed-upon questions at least three times while his/her physiological, emotional and verbal responses are being recorded. Once completed, the examiner analysis this data to determine if there are any significant responses to the relevant questions.

Post-examination interview:

The examinee is questioned about his/her responses to the relevant questions if any.

The entire process takes about 1 hour 30 minutes per examinee and an additional 30 minutes for set up and finalization of details.