Johannesburg - Former ANC intelligence operative Mo Shaik now first wants "permission" from the National Intelligence Agency (NIA) to "disclose information" to the Hefer commission of inquiry into allegations that national director of public prosecutions Bulelani Ngcuka was an apartheid spy.

Shaik, one of Ngcuka's main accusers, told City Press he would apply for permission on Monday. He would also apply for protected NIA documentation to prove his allegations.

Ngcuka's second accuser, Mac Maharaj, has not applied for any evidence to support his allegations. He has also told City Press that he has no immediate plans to do so.

Asked about the Hefer commission's demand that he and Shaik furnish proof of their accusations against Ngcuka, Maharaj said he had not received any communication from the commission. "I will be there on November 17," he said.

Maharaj and Shaik arrived at the first session of the Hefer commission with empty hands and a request for a postponement of their testimony to give them time to gather evidence.

They now have only two weeks and three days left to the November 17 deadline set by Judge Joos Hefer.

Asked about any progress he and Maharaj had made with regard to the gathering of evidence, Shaik referred City Press to the contents of the submission made to the Hefer commission by Advocate George Bizos on behalf of South Africa's secret services.

Bizos informed the commission that security legislation prohibited the unathorised disclosure of protected information by present and past secret services officials.

Shaik said this prohibition applied to him in his capacity as a former NIA employee. He would seek authorisation tomorrow to disclose what he knew, he said.

Bizos also informed the commission that the Intelligence Services Act prohibited any person who had any information which had been obtained and received in contravention of the act from disclosing or publishing such information.

Shaik and Maharaj have already referred to protected information in media interviews during which they made the allegations against Ngcuka.

Shaik and Maharaj have links to the NIA. Shaik was a former NIA employee. Maharaj, according to testimony heard by Hefer, has been helped by Ricky Nkondo, a senior NIA official, to contact one of the witnesses, Litha Jolobe.

Jolobe, who is chief director of the department of housing, testified in Ngcuka's defence a week ago.

Shaik on Saturday also voiced complaints against the media. He said he was being "hassled" by journalists "who seem to display a lack of patience".

He said he wished that November 17 could arrive sooner, but he did not have the power to change the date of his testimony.

With acknowledgements to Mariechen Waldner and the City Press.