The confidential documents destroyed by parliament should have been stored, like government files of a similar classification.

The documents are important to the Scorpions' probe of payments of hundreds of thousands of rand allegedly made to former transport minister Mac Maharaj and his wife, Zarina, by Durban businessman Schabir Shaik.

The Cape Times has established that the confidential records of the register of members' interests were shredded in spite of a decision by parliament's ethics committee that they "be kept on the same basis as other confidential records".

The registrar of members' interests, Faziela Mahomed - who is responsible for the safe-keeping of the documents - said the committee had decided in 1997 to destroy the documents. Confidential records from 1996, when the register was begun, to 1998 had been destroyed after the 1999 elections.

"From 1999 onwards we have all the records and the public record from 1996 is available."

Maharaj's term as minister ended in 1999.

It has come to light that although the committee discussed destroying the documents, the minutes of the meeting at which the final decision was taken show that the records were to have been kept.

Background documents to a discussion in the committee on members' interests - now known as the ethics committee - on March 12, 1996 show that the committee, under the chairmanship of Kader Asmal, considered a proposal that: "Records of persons who have ceased to be members: to be shredded one year after termination of membership of parliament."

The minutes of discussions on August 19, 1997 say, however: "On the proposal of the chairperson, the committee resolved that a member's public records on the register would be preserved after he/she has resigned from office for as long as they are required and that the confidential records be kept on the same basis as other confidential records of government."

Maharaj has been unable to verify his claim that he declared in the register more than R300 000 paid by Shaik to his wife for work done by her consultancy. The Scorpions are also trying to establish whether Shaik's company, Nkobi Holdings, paid for the Maharajs' trip to Disneyland. Maharaj did not declare the Disneyland holiday in the register's public section.

Asked to comment, Speaker Frene Ginwala said there had clearly been "confusion" about the committee's decision, but it appeared from the minutes that the committee had not decided to destroy the records.

"We will have to find out what is going on. Obviously there needs to be an investigation and I have ordered that."

Ginwala said the "starting point" of the investigation was to find out what the government's policy was on the storage of confidential records.

She also wanted to know whether the minutes had been adopted at the committee's next meeting. If they were - and she believed they had been - then the shredding of the documents was clearly not in line with the committee's decision. She would not comment on steps that should be taken against those responsible for the shredding.

"I do not agree that we start hanging people before we even know that there's an offence."

With acknowledgements to Jeremy Michaels and the Cape Times.