The head of the now defunct Truth and Reconciliation Commission's (TRC) investigative unit, Dumisa Ntsebeza, says the Hefer Commission is a "farce" as its probing powers are too limited.

Ntsebeza said the commission, set up by President Thabo Mbeki, into allegations that the national prosecuting authority boss Bulelani Ngcuka was an apartheid-era spy, could never do its work if it was not given the latitude to demand secret and sensitive intelligence documents.

"To be successful the commission needs to be given a dedicated investigative unit which will have full access to the records of all the country's intelligence agencies."

Discussing his fears that the commission could be "turned into a farce", Ntsebeza said the commission should immediately demand access to hundreds of sensitive files that the TRC unit had seized from police or obtained from intelligence agencies and operatives during the TRC's three-year life span.

Ntsebeza said the commission should specifically examine several hundred files of the Joint Intelligence Committees and the Joint Intelligence Centre, the transcripts of in-camera interrogations of senior military and police operatives, files of the State Security Council, and several leather-bound files that contain top secret communications pointing to the recruitment of activists.

"The commission must also demand access to more than 34 boxes of information removed from the TRC offices, under armed guard, and handed to the then ministry of justice and intelligence.

"With these files the commission will not only be able to establish the facts about Ngcuka but also throw light on the killing of African National Congress (ANC) stalwarts Chris Hani, Dulcie September and Western Cape United Democratic Front activist Pro Jack."

The Hefer Commission's probe is running into a stone wall as both the National Intelligence Agency (NIA), the police and the South African Secret Service insisted on Tuesday they would not be forthcoming with the files in their possession.

And although former Eastern Cape activist turned police officer Vanessa Brereton admitted to being police agent RS452, the commission must still probe whether Ngcuka was a spy for the apartheid regime.

But to get to the bottom of this they need the information from these intelligence agencies to co-operate.

Ntsebeza said the commission should have as it starting point the TRC recommendation that in a democratic society all archival material should be accessible because it was clear that there was more unfinished business in the country, other than the simple matter of whether or not Ngcuka was a spy.

"In fact the commission must specifically probe the role of activists of the liberation movement in the setting the stage for the killing of people like Hani."

"Even today as I sit here I refuse to believe that Hani was simply murdered on an Easter weekend without being afforded the necessary protection."

Senior ANC intelligence operatives have backed Ntsebeza and stated that several truckloads of ANC intelligence and security files, handed over to the NIA's analysis department, should also be made available to the commission.

Included in these files are the documents relevant to the ANC's Operation Vula and Operation Bible, which are the basis for the allegations made by former transport minister Mac Maharaj and foreign affairs advisor Mo Shaik, and levelled at Ngcuka.

With acknowledgements to Joseph Aranes, Zenzile Khoisan and the Cape Argus.