A showdown is looming this week between intelligence agencies and the Hefer Commission over access to intelligence documents from the apartheid regime.

On Friday the battle lines were drawn as submissions by legal teams for the commission's investigators, National Director of Public Prosecutions Bulelani Ngcuka and Minister of Justice Penuell Maduna, prompted retired judge Joos Hefer to comment on the "intemperate language" used.

The commission's leader of evidence, Kessie Naidu SC, and Ngcuka's legal team were expected to suggest on Monday that Hefer should challenge some of the legal constraints to obtaining classified information from South Africa's intelligence agencies.

Commission secretary John Bacon said at the weekend that a decision about a course of action could be expected by the end of the week.

It seems increasingly likely that the commission's work will not be wrapped up by the end of the year.

The Hefer Commission of Inquiry was set up last month to investigate claims that Ngcuka was an apartheid-era spy and that he and Maduna had abused their powers because of their "obligations" to the previous regime. From the start, however, the investigations were hindered by the closed doors of the intelligence agencies.

On Friday, George Bizos SC, who is representing the National Intelligence Agency, the SA Secret Service and the SA Police Service, came bearing the message: "If you want documents, read the law."

Tempers flared when Maduna's lawyer, Norman Arendse SC, accused the agencies of being singularly unhelpful.

He suggested one course of action for the commission: "We want the list (of apartheid-era spies). My instructions are that there is no reason why the (intelligence agencies') directors-general cannot be subpoenaed to give us the list."

However, the procedure prescribed by law to obtain classified information is peppered with set time periods and application, appeal and review procedures.

In addition, key witnesses have refused to testify.

The accusers, former transport minister Mac Maharaj and foreign affairs adviser Mo Shaik, have been granted a postponement until November 17 for their testimony.

On former human rights lawyer Vanessa Brereton's confession last week that she was apartheid-era Agent RS 452, the designation linked to Ngcuka, Naidu said: "As a lawyer... I can't place any weight on the alleged confession... But certainly it gives rise to certain questions. It may be that Messrs Maharaj and Shaik could explain this obvious discrepancy."

With acknowledgements to Estelle Ellis, Christelle Terreblanche, Makhudu Sefara and The Mercury.