The Hefer commission tried yesterday to dispel any "misconceptions" about the extension of its terms of reference, saying they did not include an investigation into allegations that Justice Minister Penuell Maduna had misused his office.

Spokesman John Bacon, an advocate, said that the extension was related only to Maduna's position as a minister in charge of the office of the National Directorate of Public Prosecutions and its head, Bulelani Ngcuka.

This meant the commission would not examine allegations levelled against Maduna by a former senior official in the justice department that the minister had used undue influence to ensure the appointment of a liquidator.

Bacon said that apart from the original order to determine whether Ngcuka had been an apartheid spy, the commission was also to investigate whether he had abused his official powers.

This is contrary to reports last Thursday that Maduna had announced that the commission would now also investigate him including allegations made by Independent Democrats leader Patricia de Lille that Maduna was an apartheid spy.

Bacon said the commission would begin its work in Bloemfontein tomorrow, when interested parties would make submissions about their preparedness to take part and in what capacity.

The first evidence will be led on Thursday when former Sunday Times journalist Ranjeni Mun usamy has been subpoenaed to explain information she has on allegations that Ngcuka spied for the apartheid regime.

She will be followed by former transport minister Mac Maharaj and Mo Shaik, brother of Schabir Shaik, who is facing several fraud charges.

The commission will be assisted by advocate Kessie Naidu, who will lead evidence.

Bacon said it was not known how long it would take the commission to complete its task, as a list of prospective witnesses was still being drafted and investigations were continuing .

Meanwhile, Maduna said he was not quitting the cabinet and would serve his full term. He had told a weekend newspaper he would not be available for reelection as an African National Congress (ANC) MP.

Maduna has been blamed by some in his party for letting Ngcuka humiliate Deputy President Jacob Zuma by investigating him and releasing details of the probe to the media. The row threatens to split the ANC's national executive committee.

ANC secretary-general Kgalema Motlanthe said he planned to hold a series of meeting with his senior colleagues, including Maduna, in a bid to "dissuade" him from quitting. The party fears that such a high-profile resignation before elections next year could cost the ANC votes.

Steyn Speed, spokesman for Motlanthe, said there would be no further statements on the matter from the ANC.

With acknowledgements to Hopewell Radebe, Sapa and the Business Day.