Despite calls for Deputy President Jacob Zuma to appear before the Hefer Commission, Judge Joos Hefer announced yesterday that he would not be called.

The decision will disappoint opposition parties and various commentators who have been calling for Zuma to give evidence, particularly since he was the recipient of a report compiled by then ANC counter-intelligence officer Mo Shaik which alleged that current Scorpions chief Bulelani Ngcuka was an apartheid-era spy.

It will also mean that Shaik's evidence is the only substantive evidence that will be presented to the commission on the issue.

Hefer said he had been corresponding with Zuma, who had told him that his only knowledge of the claim that Ngcuka was a spy arose from the report that Shaik had handed to him.

Hence, Zuma had little to testify about in connection with the claim. Hefer said that regarding the commission's task of deciding whether Ngcuka had abused his office, it was common knowledge that Zuma was unhappy with his treatment by Ngcuka's office, but Zuma had said he preferred not to take advantage of the commission to resolve this issue.

Hefer said it was also common knowledge that Zuma had recently lodged an official complaint against Ngcuka with the public protector. This followed the announcement by the Scorpions that they had established a prima facie corruption case against Zuma but had nevertheless declined to charge him for allegedly soliciting a bribe because the prospects of conviction were too slim.

Consequently, Hefer said he had decided not to subpoena Zuma to testify.

He said that E.tv editor Joe Thloloe and City Press editor Elias Maluleke had also been excused from testifying since they had only been called to provide documents, which had already been provided by other witnesses.

 * but he has always wanted a formal (official) opportunity to clear his name

With acknowledgements to Tim Cohen and Business Day.