Bloemfontein - The high court here refused with costs yesterday to excuse journalist Ranjeni Munusamy from testifying before the Hefer Commission.

Judge President JP Malherbe further dismissed Munusamy's alternative request - that she be called to the stand only after all other potential sources had been exhausted.

Malherbe found that Judge Joos Hefer's ruling that Munusamy must testify before other witnesses were called did not violate any of her constitutional rights.

He said Munusamy was the obvious place to start as the City Press articles in which the spy allegations first surfaced "emanated" from her, the judge said.

Malherbe dismissed Munusamy's argument that her evidence would be inadmissible because it would be based on hearsay.

Referring to documents she had apparently used to verify her reports, he said "legitimate questions can be put to her regarding those documents that would not require her to divulge the identity of any of her sources of information".

The judge added that her evidence about what she and, for example, Mac Maharaj (one of Ngcuka's main accusers) spoke about, would not be hearsay.

Yesterday's judgment also holds implications for other journalists who were subpoenaed to testify before the commission. These include Elias Maluleke of City Press and e.tv editor-in-chief Joe Thloloe.

The commission summoned them to submit the verifying documents in question before November 10, which they failed to do. These were expected to be copies from apartheid-era intelligence files.

President Thabo Mbeki yesterday "amended and clarified" the terms of reference for the Hefer Commission to make clear that the commission was not required to investigate whether Justice Minister Penuell Maduna was an agent of the apartheid government.

Also, the alleged abuse of power related only to the Office of the National Director of Public Prosecutions.

With acknowledgements to Sapa and the Cape Times.