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

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

Paul S. Masumbe & Sandisiwe Mntwelizwe

Issue: Vol. 6 No.14 Article 19 pp. 3666 – 3672
DOI: https://doi.org/10.38159/ehass.202561419 | Published online 30th December, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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ABSTRACT

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.

Keywords: Disciplinary Hearing, Sanction, Witnesses, Evidence, Testimony

BIBLIOGRAPHY

Legislation

Criminal Procedure Act 51 of 1977.

The Constitution of the Republic of South Africa, 1996.

Case Law

Eskom / NUMSA obo Galada and Others [2000] 7 BALR 812 (IMSSA).

Books

Belinda “Uploading Justice and Integrity:The Significance of Witness Testimony in South African Disciplinary Hearings.” 8 April 2024 (Witnesses in Disciplinary Hearings: The Crucial Role they Play (transcriptionservices.co.za) ).

Grogan, John. Workplace Law. 13th ed. Cape Town: Juta Education, 2021.

Ishaq, Shabana. “Disciplinary Hearings.” BDJ In Practice 35, no. 7 (2022): 28–29.

Knight, Xavier, and Wilfred I Ukpere. “The Effectiveness and Consistency of Disciplinary Actions and Procedures within a South African Organisation.” Mediterranean Journal of Social Sciences 5, no. 4 (2014): 589–96.

McCarthy Attorneys. “How to Present Evidence at A Disciplinary Hearing -Types of Evidence.” McCarthy Attorneys Inc, November 15, 2022. maalaw.co.za.

McGregor, Marie. Labour Law Rules! Siber Ink, 2017.

Schwikkard, Pamela-Jane, and Steph E Van der Merwe. Principles of Evidence. Juta and Company Ltd, 2009.

ABOUT AUTHOR(S)

Professor Paul S. Masumbe (LLD) is Associate Professor and Head of School of Law, Walter Sisulu University. He is external examiner for masters and doctoral degrees in law at various universities, reviewer and editorial board member of local and internal journals. His research interests include International Criminal Law, Human Rights Law, Labour Law with emphasis on dismissal, and selected areas of Private Law.

Sandisiwe Mntwelizwe is an LLD Candidate at the University of Free State, an admitted attorney of the High Court of South Africa, and a lecturer, School of Law, Faculty of Law, Humanities and Social Sciences, Walter Sisulu University. Her research interests include areas in Mercantile law with specialisation in Labour Law.

TO CITE ARTICLE

Masumbe, Paul S. and Sandisiwe Mntwelizwe. “Examining the Consequences of Witness Failures in Providing Credible Evidence During Disciplinary Hearings: A South African Perspective.” E-Journal of Humanities, Arts and Social Sciences 6, no. 14 (2025): 3666 – 3672, https://doi.org/10.38159/ehass.202561419.