Bloemfontein - Mac Maharaj, the veteran ANC leader who fired the first shot in the saga that led to the setting up of the Hefer inquiry, said the office of the National Director of Public Prosecutions, Bulelani Ngcuka, had unrestrained power, which was dangerous.

Outside the Supreme Court of Appeal in Bloemfontein where the commission's public hearings were due to begin today, Maharaj said it was important that South Africa did not allow the office to have the power of former FBI head J Edgar Hoover's office, which was able to hold 10 US presidents to ransom.

The inquiry, set up a month ago, had its public hearings postponed today to allow the legal team of Maharaj and ANC intelligence operative Mo Shaik time to prepare their statements.

The Hefer Commission will now start its public hearings tomorrow. It was set up in September by President Thabo Mbeki to investigate claims that Ngcuka was a spy for the apartheid government.

Last week the terms of reference of the commission were extended to include a probe into the alleged abuse of the office of National Directorate of Public Prosecutions.

The allegations that led to the commission surfaced after Maha-raj and Deputy President Jacob Zuma were investigated by the Scorpions for alleged corruption involving the arms deal and other government contracts.

Maharaj said he was not asking for a witchhunt.

"I have been very clear by saying that anybody who is misusing our institutions and endangers our democracy and stability should be held accountable," said Maharaj. "I said repeatedly to the media there is great concern about the abuses happening in the office of the National Director of Public Prosecutions."

Maharaj said the office was crucial to the country's democracy.

Asked for comment, Ngcuka's spokesman, Sipho Ngwema, said this was the day of reckoning. "I hope there are no delaying tactics (by lawyers)," Ngwema said.

"We need to get to the bottom of the facts and then go back to do our work."

Ngwema said the past month had been a honeymoon for the accusers, Maharaj and Shaik. "I hope they enjoy it while it lasts," he said.

Ngwema emphasised that the saga had been about the rule of law versus those who had brushes with the law, and not about the stand-off between Ngcuka and Zuma. "People must be reminded that South Africa is a country of laws which apply equally to all of us. This should not be allowed to happen again."

Ngcuka did not attend the session today, but Ngwema and his counsel, Advocate Marumo Moerane SC, were present. Shaik and Maharaj arrived about 10 minutes before the commission was to start.

Judge Joos Hefer did not take the court bench, but instead sat level with the rest of the members of the commission.

Hefer expressed the hope that the two main accusers in the spy drama would be able to give their evidence by next week.

With acknowledgement to the Daily News.