Yes, however, the results of a polygraph test alone are not enough to prove an employee’s misconduct/guilt, as the accuracy of the test has been questioned over the years.
Polygraph tests are considered circumstantial evidence, i.e. they can only draw inferences about a series of events. An initiator should only use this type of evidence with supporting evidence.
An Employee must give their written consent to undergo a polygraph test as the test may infringe on two constitutional rights, which are Section 14 – “right to privacy” and Section 15 – “the right not to incriminate oneself”. An Employer cannot force an employee to take a polygraph test unless this is contractually agreed upon.
When choosing a Polygraph examiner, ensure that they are associated with either the South African Professional Polygraph Association (SAPPA) or the Polygraph Association of South Africa.
The Polygraph examiner should testify at the disciplinary hearing as they will serve as an expert witness and have to establish several aspects for the chairperson to determine the admissibility and reliability of the evidence.
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