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WHAT IS A POLYGRAPH?
Polygraph or Lie Detector is a scientific instrument that is capable of recording simultaneously the variable physiological changes in the body of an examinee during questioning of a specific event under investigation.
The USA is defiantly the leaders in the polygraph industry. The entire international polygraph profession and polygraph instrumentation manufacturing industry is dominated through there scientific research and operational development in the polygraph industry.
From the existence of mankind deception formed part of human behaviour. From the earliest record depict deception changing life as we know it. The serpent in a play of words deceives Eve in the Garden of Eden to convince her that she will not die if she eats from the tree of knowledge. This intern forces her to deceive her husband in sharing in her guilt.
Seeking the truth has formed just as important human behaviour. It has not always been as humane as doing a polygraph. Detecting deception and seeking the truth has always been through torture or trial by ordeal. These methods leads to many falls confession and misleading evidence.
In 1730 Daniel Dafoe wrote, “Guilt carries fear always about with it; there is a tremor in the blood of a thief, that, if attended to, would effectually discover him”. He suggested that by taking the pulse of a deceptive person one could detect if they were telling the truth or if they were lying.
Daniel Dafoe called upon criminologist to employ medical science in the fight against crime, but it was not until the 19th century that Angelo Mosso, a physiologist who was studying the influence that emotion and fear has on the heart and respiratory system, that interest in this field grew.
Musso’s tutor, an Italian criminologist made use of a plethysmograph and sphygmopgraph to measure the blood pressure and pulse, based on the theory of Mosso, during several criminal investigations for the Italian police department.
The first recorded Polygraph Examiner in South Africa was psychologist Brenda Selkon. It is said that she received her polygraph training through Arthur Reid in America.
Polygraph Testing
Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA)
IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA?
Polygraph testing is a young concept in South Africa, and is mainly used in disputes relating to employment relationships.
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 of the polygraph test prior to the test.
• 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,
o 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.'
CAN ONE BE FORCED, INTMIDATED 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 is allowed;
• No discrimination is allowed;
• No threats is allowed.
WHEN IS THE EMPLOYER PERMITTED TO USE 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 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.
WHO GETS THE POLYGRAPH TEST RESULTS
Polygraph results cannot be released to any person but to an authorised person. Anyone specifically designated in writing by the examinee, firm, corporation or government agency that requested the examination or the person who has undergone the polygraph test (examinee).
WHAT IS THE STATUS OF POLYGRAPH TEST AT CCMA
Polygraph examiners 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.
For more information kindly visit www.ccma.org.za
