In a confusing series of events, Judge Hefer said this morning that he would withdraw subpoenas issued against the security agencies.

However, having withdrawn to chambers for discussion, he then returned to the public hearing and asked for more specific information on the subpoenas from Kessie Naidu, the commission's evidence leader, and next indicated that he needed to rethink his pre-adjournment decision.

He based his pre-adjournment decision on information given to him by George Bizos, appearing for the security agencies, but then was informed during the adjournment that there had been some confusion about the various subpoenas and that he had to hear all sides of the issues before deciding what to do about the subpoenas.

The subpoenas called on the security agencies to deliver documentation, which they did not do. Bizos argued that the subpoenas were in the wrong form and their ambit was too wide.

Before the morning adjournment Judge Hefer agreed.

But then, having had the various subpoenas read out publicly by Naidu, he started his rethinking process.

Objecting to Bizos' argument, Norma Arendse - appearing for Justice Minister Penuell Maduna - said the security agencies were being both obstructive and unhelpful and that the Hefer Commission was now in danger of becoming another Harms Commission.

The Harms Commission into security police actions of the apartheid regime was widely discredited because various policemen admitted before the TRC that they had committed perjury.

Bizos said that to compare the Hefer Commission to the Harms Commission was an unacceptable analogy.

The subpoenas were served on the SAPS crime intelligence unit, the National Intelligence Agency, military intelligence and the South African Secret Service.

The agencies were asked to provide documents that would assist the commission to decide whether or not Bulelani Ngcuka, the national director of public prosecutions, was an agent for the apartheid government.

By yesterday, the documents requested in the subpoenas had not been submitted to the commission.

Earlier, Bizos said the NIA had turned down a request from Mo Shaik for permission to use privileged information.

"Mo Shaik will have to sleep on the bed he has made for himself," Bizos said. "It is his problem, it is his business. It is not for us to have anything to do with the documents he claims to have."

The remark elicited an angry reply from Shaik's attorney, his brother Yunis Shaik, who said it was merely a "story" Shaik had produced any classified documents.

Bizos said he couldn't understand why the security agencies were being "harassed", and why the commission didn't simply call on Maharaj and Shaik to produce their evidence.

Bizos said the subpoenas were tantamount to asking the various agencies to "audit" all the documentation in their possession - of which he said there were vast amounts.

He added that the potential unveiling of intelligence secrets was having an extremely bad effect on all the agencies. "We are going to see to it that people cannot simply go to newspapers and radios and disclose the identities of agents."

Though they wanted to help, he said intelligence agencies could not testify because it would be contrary to existing legislation.

Last night, President Thabo Mbeki amended the Hefer Commission's terms of reference to exclude any enquiries into Justice Minister Penuell Maduna.

The allegations being investigated are that Ngcuka was a spy or informer for the apartheid regime and that he operated under the code name RS452 or any other number.

With acknowledgements to Jeremy Gordin and The Star.