Bloemfontein's Palace of Justice was the scene of a major row over the availability of evidence to support claims that Bulelani Ngcuka was a spy.

A judicial commission, established by President Thabo Mbeki to probe the claims, was adjourned after seven minutes after lawyers for former cabinet minister Mac Maharaj and former diplomat Mo Shaik asked for a postponement. The lawyers said more time was needed to obtain apartheid-era documents to support their testimony.

Maharaj and Shaik, who had backed up media reports that National Director of Public Prosecutions Ngcuka was an apartheid spy, were scheduled to appear before the commission on Thursday.

The request for a postponement was bitterly opposed by lawyers representing Ngcuka and Justice Minister Penuell Maduna - advocate Marumo Moerane represented Ngcuka and Norman Arendse appeared for Maduna.

Moerane charged that Maharaj and Shaik were on a "fishing expedition". He said he did not understand the postponement request at all, "except if it was a ruse to avoid giving evidence to the commission. All along, they were prepared to tell anyone who would listen that there was confirmation that my client was a spy."

"According to our knowledge, they had the documents prepared to give to the press."

Stephen Joseph, counsel for Maharaj and Shaik, said they needed more time to track down documents to prove their allegations.

Joseph insisted the documents were relevant to the investigation. The postponement should be granted, he said, because "whatever harm there was to be done has already been done".

When asked by the presiding officer, retired judge Joos Hefer, why they required the documentation only now - despite having made several public statements - Joseph said he was unable to answer "spontaneously".

Kessie Naidu SC, the leader of the evidence, told the commission he would be unable to lead the evidence of Maharaj and Shaik without having the statements from the two.

Judge Hefer ruled that everyone would be in a better position to assist the investigation if the particular documents were in possession of all the parties. He said the commission still had no documents to prove whether Ngcuka was an apartheid spy.

The judge then postponed the testimony of Maharaj and Shaik to November 17.

Commission secretary John Bacon afterwards confirmed that Joseph had submitted to the commission a seven-page-long list of documents to be obtained.

National Prosecuting Authority (NPA) spokesperson Sipho Ngwema on Wednesday accused Maharaj and Shaik of delaying tactics.

Ngwema said after the postponement that they had known for some time they had to be ready to substantiate their charges on Wednesday, yet they were not able to do so.

"Now the day of reckoning has come," he said.

Ngwema said he and his colleagues wanted to return to the case against Shaik's brother, Schabir. Schabir, Deputy President Jacob Zuma's financial adviser, is facing charges related to bribery and corruption.

Bacon acknowledged that the postponement could have a serious effect on the work of the commission and could lead to the hearings being spread out over months.

"We still endeavour to finalise our work as soon as possible," Bacon said.

Mbeki appointed the inquiry three weeks ago and later extended the commission's terms of reference to include an investigation into whether Ngcuka had abused the office of the NPA.

The extended terms of reference also included Justice Minister Penuell Maduna's office, as the office responsible for the NPA.

Bacon reconfirmed on Wednesdayb that the commission was not investigating earlier allegations that Maduna could also have been an apartheid spy.

Neither were they investigating Maduna's general execution of his ministerial powers, particularly relating to the appointment of liquidators by his department.

The investigation of Maduna related only to the allegations against Ngcuka, "in as far as he (Maduna) is the minister responsible for the National Prosecuting Authority", Bacon said.

Regardless of the setback, the commission officially was due to start with public hearings on Thursday.

The first to be called was to be veteran journalist Raymond Louw, making a voluntary submission on behalf of the South African National Editors' Forum, imploring the commission not to force journalists to reveal their sources.

Bacon said former Sunday Times journalist Ranjeni Munusamy, who had sparked the events leading to the investigation, would be called to testify on Thursday.

With acknowledgements to Christelle Terreblanche, Estelle Ellis, Sapa and The Star.