M.Phil. / Problem: Writer has identified a lack of authoritative guidelines on how to properly administer a po;ygraph test and subsequently present evidence on such test, before dispute resolution and/or adjudicating bodies. Purpose: In short, writer would attempt to analyse the various shortcomings in the manner that labour practitioners and/or presiding officers have dealt with expert evidence, and the admissibility and/or reliability of polygraph tests, over the past two decades. After identifying these shortcomings, writer would attempt a comparison of the South African position with that of the United States of America. Thereafter, writer would make certain suggestions on how the situation may be corrected, so as to attain legal certainty on the subject. Research Methodology: Writer will consider the history of the Lie Detector Test and will consider the scientific operation of such Test. Writer would further analyse the South African legal position on the subject of expert evidence and polygraph testing, including legislation, case law, academic articles, etc. Writer would also endeavour to compare the South African position with that of the United States of America, once again reviewing legislation, case law and academic guidelines. Suggestions: Writer will present practical guidelines to the employee undergoing the test, the polygraph exarr.:ner and the adjudicator at the disciplinary hearing, Labour Court, Commission for Conciliation, Mediation and Arbitration or Bargaining Council. In conclusion, writer will propose that a Code of Good Practise, similar to the current legislation in the United States, be promulgated. Such Code, or similar legislation, should contain a detailed set of guidelines on the evidentiary value of evidence on polygraph testing and the manner that same should be presented during litigious proceedings. In addition, same should set out strict requirements for the administration of valid polygraph tests, i.e. that same should be undertaken voluntarily, that the proceedings must be video recorded, etc.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uj/uj:2009 |
| Date | 06 February 2012 |
| Creators | Joubert, Gysbertus Johannes |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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