Legal Standing

There is no legislation specific to polygraph admissibility in the South African Justice System. This means polygraph evidence is in fact admissible in our courts.

In the Labour environment, the CCMA have accepted polygraph evidence in recent history. Polygraph examiners are invariably called upon to testify as expert witnesses in such cases.

Conducting Polygraph Examinations

In 1986, criminal action was taken against a company after one of their employees took a polygraph examination. The action against the company was thrown out of court, in effect, setting a precedent applicable to this day.

Polygraph examinations must be taken willingly. No-one can be forced, coerced or threatened in any way to take a polygraph examination. The examinee has a right to an interpreter if necessary. The examinee cannot be threatened at any stage of the test. The process needs to be explained to the examinee and all questions need to be reviewed before the actual test.

deep blue further practices and recommends that

  • Polygraph Examiners meet the criteria stipulated in the section of this site named  “Importance of the Polygraph Examiner”
  • Examinees only be tested if they are physically and psychologically capable of doing so
  • Tests be conducted in environments that are relatively free from noise and distraction
  • Questions are thoroughly explained to the examinee to avoid any misunderstanding
  • Testing techniques are only used if they have been validated
  • Scoring techniques are only used if they have been validated
Instrumentation used be approved by an accredited Polygraph association and have been given a functionality or calibration test as per manufacturer’s standards