Mo Shaik, the Foreign Affairs special adviser, will have to "face the consequences" if he disclosed confidential intelligence information, the country's spy bosses warned today. "We won't stand by and let people go to television stations to make known privileged documents," George Bizos, an advocate, told the Hefer Commission. Bizos, representing the various intelligence agencies, further told Joos Hefer, the retired judge, that Shaik had requested their permission to disclose confidential documents in his possession.

He was not granted indemnity for this, Bizos assured the judge. "If he has already put the information in the public domain, he will have to sleep on the bed he made for himself." In an earlier submission, Bizos had emphasised that it was illegal for any former or current intelligence operative to disclose confidential information without permission.

Hefer was appointed to determine whether Bulelani Ngcuka, the National Director of Public Prosecutions, was an apartheid spy. Shaik and Mac Maharaj, a fellow former ANC intelligence operative, publicly confirmed these allegations when it first surfaced. Hefer has since subpoenaed Shaik to produce documents to prove the claims about Ngcuka - documents allegedly stolen from the National Intelligence Agency.

Bizos argued today that Hefer did not have the powers to obtain legally protected information from the agencies. Hefer would have to find another way to perform his duty. "He who accuses must prove," was Bizos' suggested solution. He was apparently referring to Shaik and Maharaj who have been summoned to testify from Monday. Yunus Shaik, his brother and legal representative, attended Monday's sitting after a long absence from the commission's hearings. He objected to and denied Bizos' "categorical" statement that his brother had publicly disclosed the particular documents. - Sapa

With acknowledgement to Sapa and sabc.co.za.