EXPERT WITNESS CONSULTATION

Currently in South Africa there are no laws or any legislation that directly regulate the implementation and use of polygraph examinations in South Africa. This is a matter of grave concern as there is little to prevent persons with little to no qualifications conducting examinations, conducting examinations while not adhering to international standards of practice, or using techniques, methodologies and technologies that have not been scientifically proven to be valid and reliable.

Despite the above-mentioned concerns, polygraph examinations have been widely recognized in the labour-law sphere and can be used as part of a bundle of evidence during disciplinary hearings, labour arbitrations and CCMA cases, to the extent that the CCMA has published an information sheet to summarize the status and use of polygraph examinations: CCMA POLYGRAPH INFORMATION SHEET

Most notably, it appears that polygraph examinations can be used as part of a bundle of evidence if the examiner is willing to testify as an expert witness. The examiner will therefore need to testify to the examination conducted, including their qualifications and experience, the type of examination conducted, the process that was followed as well to the findings of the examination that they conducted. The weight that an examination carries as part of a bundle of evidence is decided by the presiding officer, and this decision is generally dependent on the testimony of the examiner, including the cross-examination.

In this regard, many companies have failed to successfully apply polygraph examinations as part of their bundle of evidence due to the examinations being incorrectly applied or inappropriately used. Conversely, many legal professionals, companies or examinees have failed to properly prepare to test the integrity of a polygraph under cross-examination as they are not aware of the many technical aspects and variables that should be considered.

The PISA Integrity Assessment Centre has multiple highly qualified and experienced polygraph examiners that can provide expert witness testimony or consultation. If your company wants to ensure that it applies polygraph examinations ethically, fairly and within the legal framework of South Africa, or if you require consultation services in preparation of legal proceedings, the PISA Integrity Assessment Centre can provided the needed guidance and consultation.

EXPERT WITNESS CONSULTATION

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