This research study provides a historical orientation of the development of polygraphy in the United States of America and then focuses on the development of the local South African polygraph industry and its utilisation by the private sector and various government institutions. The historical orientation and contextualisation of polygraphy is based on information accessed through the electronic medium, acknowledged polygraph publications and first-hand information collected from individuals in the local polygraph fraternity. The phases of the polygraph testing process, types of polygraph examinations and the various testing formats are defined, as well as the role of polygraphy to screen personnel and investigate crime. Aspects such as the polygraph training, the local polygraph associations and the legal status of polygraphy in terms of South African law are examined. The study explores the South African polygraph fraternity in general, but focussed in detail on the activities of polygraphists and polygraph companies operating in the Limpopo Province, South Africa. The utilisation and development of polygraphy in the Limpopo Province, as well as various operational issues are explored as a case study. The role of polygraph testing to screen staff and to prevent crime in the workplace, as well as its role as an invaluable tool to investigate crime and resolve disputes by clients in the Limpopo Province, are examined. One thousand polygraph examinations were analysed for this purpose, to gain a unique and novel insight into the circumstances, challenges and operational obstacles faced by polygraphists in the Limpopo Province. While this analysis did not provide groundbreaking scientific findings, it did provide new insight into the types of crimes committed, the industries targeted by criminals, the profile of examinees tested, and the nature and scope of the polygraph-testing requirements in the province. The potential for expanding the polygraph industry in the Limpopo Province is also considered. In conclusion, recommendations are made for the statutory regulation of the polygraph industry in South Africa, to ensure that ethical, operational and training standards are upheld. The importance of consolidating the local polygraph fraternity under one umbrella, in order to challenge and dispel uninformed opinions and myths concerning the use of polygraph testing, is also stresses. A proposal is also made concerning the indigenisation of current polygraph practises and polygraph training, to meet the unique conditions of Southern African. / Criminology and Security Science / (M.Tech) (Security management)

This research study provides a historical orientation of the development of polygraphy in the United States of America and then focuses on the development of the local South African polygraph industry and its utilisation by the private sector and various government institutions. The historical orientation and contextualisation of polygraphy is based on information accessed through the electronic medium, acknowledged polygraph publications and first-hand information collected from individuals in the local polygraph fraternity. The phases of the polygraph testing process, types of polygraph examinations and the various testing formats are defined, as well as the role of polygraphy to screen personnel and investigate crime. Aspects such as the polygraph training, the local polygraph associations and the legal status of polygraphy in terms of South African law are examined. The study explores the South African polygraph fraternity in general, but focussed in detail on the activities of polygraphists and polygraph companies operating in the Limpopo Province, South Africa. The utilisation and development of polygraphy in the Limpopo Province, as well as various operational issues are explored as a case study. The role of polygraph testing to screen staff and to prevent crime in the workplace, as well as its role as an invaluable tool to investigate crime and resolve disputes by clients in the Limpopo Province, are examined. One thousand polygraph examinations were analysed for this purpose, to gain a unique and novel insight into the circumstances, challenges and operational obstacles faced by polygraphists in the Limpopo Province. While this analysis did not provide groundbreaking scientific findings, it did provide new insight into the types of crimes committed, the industries targeted by criminals, the profile of examinees tested, and the nature and scope of the polygraph-testing requirements in the province. The potential for expanding the polygraph industry in the Limpopo Province is also considered. In conclusion, recommendations are made for the statutory regulation of the polygraph industry in South Africa, to ensure that ethical, operational and training standards are upheld. The importance of consolidating the local polygraph fraternity under one umbrella, in order to challenge and dispel uninformed opinions and myths concerning the use of polygraph testing, is also stresses. A proposal is also made concerning the indigenisation of current polygraph practises and polygraph training, to meet the unique conditions of Southern African. / Criminology and Security Science / (M.Tech) (Security management)

LL.M. (Labour Law) / Commentators have warned that when men are given absolute control over their fellow men, there is the danger that what appeared pragmatically desirable may become morally intolerable. The current usage of polygraph testing by employers undoubtedly confirms this. In what follows, it will be argued that there is a serious shortcoming in South African law in that there is no legislative framework that governs and regulates the use of polygraph testing in the workplace. It is fairly likely that many South African employers will at some time be faced with dishonesty or criminal activities, such as fraud or theft, without accurately being able to identify where, how, and by whom such dishonesty was committed. If dishonesty and criminal activities are not properly managed, there may be adverse ramifications. As a result, many employers have opted to insert a clause in the employment offer and employment contract that relates to security obligations on the part of the employees or prospective employees. The clause would normally read as follows: “The company may request that you subject yourself to a polygraph test before commencement of employment or if an incident has occurred or and random testing during your period of employment with the Company. The employee hereby declares that he is aware of the company polygraph policy and accepts that this policy as a term and condition of his employment. The employee undertakes to comply with the said policy in all respects and acknowledges that he is bound thereby”. Magna Alloys & Research v Ellis introduced a significant change to the Courts’ approach to restraint of trade agreements by declining to follow earlier decisions based on an English precedent that an agreement in restraint of trade is prima facie invalid and unenforceable. The implication of this decision is that a right to choose a trade, occupation, or profession freely may