The polygraph testing for security vetting in the South African department of defence

authors Piet Bester
  Sonja Els
journal RIDP Libri (ISSN: )
volume 2025
issue Military Justice: Contemporary, Historical and Comparative Perspectives
section Part 2 - Military justice today
date of publication Jan. 6, 2025
language English
pagina 335
abstract

The South African National Defence Force (SANDF) aims to defend and protect the Republic, its territorial integrity, and its people in conformance with the Constitution and domestic and international law principles. Ensuring national security and state functionality requires SANDF members and employees to be security competent, meaning they can prevent unauthorised disclo-sure of classified information. The security vetting process, culminating in a security clearance certificate, assesses this competence. In some cases, polygraph tests are used to verify truthfulness, potentially impacting privacy rights. This paper examines whether such privacy limitations are justifiable within an open society, considering the SANDF’s constitutional mandate to protect national security. Through a military justice perspective, the study evaluates the constitutionality of polygraph testing within the SANDF’s vetting process, emphasising the rule of law and the protection of individual rights and freedoms. The findings assess the governance framework’s validity, aligning it with the Constitution's principles, values, and provisions.