Johannesburg - Former intelligence operative Mo Shaik has his own intelligence database. He also has his own intelligence sources. He also still has top-secret security clearance.

And using his 13 years of intelligence knowledge, he was the person who resurrected a report claiming that National Director of Public Prosecutions Bulelani Ngcuka was "most probably" an apartheid era spy, the Hefer Commission heard yesterday.

"I cannot conclude he was not a spy," said Shaik of Ngcuka.

Earlier the commission heard that in 2001, while Shaik was at a reception for the visiting Algerian president, Justice Minister Penuell Maduna asked him if it was correct that his unit had investigated whether Ngcuka had been a spy. Shaik told Deputy President Jacob Zuma about this incident. Zuma told him not to confirm the investigation and not to hand over any documents.

A year later Shaik read in newspaper reports that Zuma, his erstwhile uMkhonto weSizwe commander, was under investigation for corruption relating to the arms deal.

"I knew Zuma was not involved," he stated in papers before the commission.

He denied he was giving this evidence to help his brother Schabir Shaik, who faced charges in relation to the arms deal, but he said: "I am carrying someone else's flag."

Shaik did not name the person, however. He admitted to giving some of his spy reports to then-Sunday Times journalist Ranjeni Munusamy.

"I told her the spy investigation had an impact on the hostility between Zuma and Ngcuka."

Shaik was told by the chairman of the commission, Justice Joos Hefer, that there was a law against his keeping a private intelligence database.

He confirmed keeping his database in a secret location and said it contained information on 888 agents. He managed the database through a coded system.

Kessie Naidu, SC, leading evidence for the commission, asked him: "Do the intelligence agencies know about this?"

Shaik: I have informed them.

Naidu: Shouldn't a database like that be kept in safe custody?

Shaik: I had no instruction to hand over my documentation.

Naidu: Does the president know?

Shaik: Comrade Deputy President (Zuma) was my commander. He knows. I don't know if the president knows.

Shaik also has some highly placed sources who are or were part of intelligence agencies.

Naidu: Under which rock did you find Gideon Nieuwoudt? I say this because this is a man who has admitted to being involved in a series of crimes.

Shaik refused to identify one of his sources who was present when he and Nieuwoudt were interviewed by e.tv on the spy issue. He said the man would be killed within 24 hours if he gave his name on television.

With acknowledgements to Estelle Ellis, Jeremy Gordin and the Cape Times.