Johannesburg: The Hefer Commission will wait for a high court judgment before asking journalists to hand over documents and give evidence in hearings on allegations that National Director of Public Prosecutions Bulelani Ngcuka was an apartheid-era spy.

By late yesterday the commission had not received responses to a number of subpoenas issued last week, commission secretary John Bacon said. He hoped this silence meant the witnesses subpoenaed would co-operate.

Yesterday was the cut-off date for documentation to be handed over. It was unclear whether this had been done.

The commission was set up in September. Its terms of reference were later extended to include an investigation of alleged abuses of power by Ngcuka and Justice Minister Penuell Maduna because of "obligations towards the apartheid government".

The commission was sparked by an article in City Press.

It emerged that the story, written by Elias Maluleka, was given to him by then Sunday Times journalist Ranjeni Munusamy, who was suspended and eventually left the paper.

She challenged a subpoena issued to her by the commission. Her legal team first asked chairman Judge Joos Hefer to excuse her from giving evidence or to allow her to give evidence last.  

When he refused, her legal team took his decision on review to the Bloemfontein High Court. Judgment has not yet been given.

Legal teams for the journalists indicate that the commission would not require them to give evidence before this judgment was handed down.

Last week the commission issued subpoenas for documents to several people.

These include National Police Commissioner Jackie Selebi, Police Intelligence Commissioner Rayman Lala as well as former and present members of the National Intelligence Agency and two members of the defence force's intelligence unit.

They will also be asked to give evidence about the documentation.

Journalists Maluleka and Munusamy have been excused from giving evidence pending the judgment in Munusamy's case. E.tv editor-in-chief Joe Thloloe was also subpoenaed to hand over documents, allegedly shown on an e.tv documentary about Agent RS452.

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