Pretoria - The submissions of intelligence agencies to the Hefer commission will be in line with legislation and the Constitution, government spokesperson Joel Netshitenzhe said on Wednesday.

At a media briefing after the fortnightly cabinet meeting he was asked whether the government should not put pressure on these agencies to assist the commission which it had appointed.

"The matter did not arise at the meeting, but in so far as the policy principle is concerned, we believe that the intelligence agencies should operate guided by the relevant legislation and the Constitution," Netshitenzhe said.

President Thabo Mbeki appointed the commission, headed by retired judge Joos Hefer, to probe allegations made by former transport minister Mac Maharaj and foreign affairs adviser Mo Shaik that National Director of Public Prosecutions Bulelani Ngcuka was an apartheid spy.

The commission requested a broad range of intelligence files from the police, the National Intelligence Agency (NIA) and the SA Secret Service.

This was done on behalf of Maharaj and Shaik, who maintained it was necessary to support their testimony before the commission.

Both intelligence agencies reportedly indicated earlier that they would not provide the documents, insisting it could compromise their intelligence-gathering activities.

George Bizos, SC, is expected to make a presentation to the commission on Friday on behalf of the intelligence agencies.

Netshitenzhe said Justice Minister Penuell Maduna's announcement that he would not be available for public office after the next election, was "as a matter of principle" not discussed in the Cabinet meeting.

Such an issue would be dealt with through the party's candidate list procedures, he said.

With acknowledgements to Sapa and News24.