Examining the Consequences of Witness Failures Providing Credible Evidence During Disciplinary Hearings: A South African Perspective

When someone is accused of violating institutional or workplace rules and norms, a formal procedure known as a disciplinary hearing is initiated. Despite not being a court of law, it must follow fairness guidelines and may include witnesses who testify in favour of or against the accused. With an emphasis on whether witnesses who purposefully hide evidence, contradict themselves, or give misleading information should be punished, this study aims to investigate the function and importance of witness testimony in disciplinary hearings. In order to evaluate the legal framework governing witness participation in disciplinary processes, the study uses a qualitative research design with a focus on desktop research, drawing on legal texts, case law, policy papers, and scholarly commentary. The results show that whereas disciplinary frameworks place a strong emphasis on justice and due process for the accused, it is unclear how witnesses who give false or insufficient testimony will be held accountable. This leads to discrepancies that could compromise the fairness of disciplinary proceedings. In order to improve the legitimacy and equity of disciplinary actions, the study’s conclusion suggests creating more precise rules and potential penalties for witnesses who wilfully mislead or hide information.