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 examination are voluntary;
- only questions discussed prior to the examination will be used;
- 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.
WHEN IS An EMPLOYER/INDIVIDUAL PERMITTED TO USE POLYGRAPH/VOICE STRESS TESTING?
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;
- 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 true identity of the people involved.
- when there is a suspicion of infidelity or dishonesty in the relationship.