Bloemfontein - Another day's hearing of the Hefer Commission on Wednesday delivered no substantial evidence to prove or disprove that head prosecutor Bulelani Ngcuka was an apartheid spy.

Judge Joos Hefer set aside subpoenas issued to various senior members of the country's security services to testify this week before his commission. He nevertheless warned that they might later be issued afresh.

This followed submissions revealing that President Thabo Mbeki, when appointing the commission, apparently did not intend it to obtain classified information from the intelligence agencies.

Mbeki tasked Hefer in September to probe recently surfaced allegations that the national director of public prosecutions was an agent for the apartheid government.

Lawyers for both Ngcuka and his political head, Justice Minister Penuell Maduna, recommended on Wednesday that Hefer set aside the intelligence summonses.

Advocate Norman Arendse, SC, for Maduna, quoted from a recent letter from President Thabo Mbeki's office to the commission.

According to this the president had "unfettered access" to all information in the hands of the intelligence agencies.

There would have been no point in Mbeki's appointing the Hefer Commission to merely obtain information already available to him, the letter reportedly stated.

Mac and Mo first

Advocate George Bizos SC, for the intelligence agencies, also asked that the subpoenas be set aside.

He argued that Hefer had no powers to order the disclosure of classified information in such a way. He further suggested that Ngcuka's main accusers, Mac Maharaj and Mo Shaik, should first state their cases before the commission.

Hefer should hear whether the two former ANC intelligence operatives had a prima facie case. He could then review his decision to summons the country's spy bosses to testify and produce verifying documents, Bizos maintained.

Hefer further ruled that former apartheid intelligence operatives who were subpoenaed to appear before the commission this week would also be excused.

These included former police chief General Johan van der Merwe, Agent RS 452's handler, Karl Edwards, and retired National Intelligence Agency director Niel Barnard.

Hefer said their lawyer had told him they had other problems preventing them from testifying, which were not necessary to reveal now.

The commission's hearings were adjourned until Monday, when Maharaj and Shaik are scheduled to testify.

This meant that journalists Ranjeni Munusamy, Elias Maluleke and Joe Thloloe would also not be called as scheduled - on Thursday.

They were to be asked questions on media reports that appeared about the allegations against Ngcuka.

With acknowledgements to Sapa and www.news24.co.za.