The investigation into whether the National Director of Public Prosecutions, Bulelani Ngcuka, was an apartheid-era spy should have been put to bed when the Truth and Reconciliation Commission finished its business.

But it was probably hoped that the post-94 goodwill would see such issues buried forever. The events of the past three months show that reliance on goodwill to bury memories was not enough to stifle the temptation to speculate about who was an apartheid spy. On the face of it, a policy vacuum is largely to blame for this nagging curiosity about spies. The fact that Justice Minister Penuell Maduna's name has been added to Judge Joos Hefer's investigation suggests that a mechanism is required that can lay the apartheid-spies issue to rest.

But the absence of a clear-cut policy directive on the matter makes it too easy for disgruntled people to cry foul, regardless of the merits of their case.

If this is allowed to continue, the issue of apartheid spies could become a haunting see-saw that starts swinging whenever someone has an axe to grind.

The viability of the Office of the National Director of Public Prosecutions and its head is of interest to us. This office should beware of spending its energy on the wrong things. It should grant those in conflict with the law their dates in court, without even the slightest suspicion being aroused that the scales of justice are being manipulated to win favour with friends or settle scores with enemies.

It is expected that Ngcuka's office will enhance the administration of justice by having justice rely on evidence that can stand up to examination in court. In turn, the courts can make rulings that will enjoy credibility.

It is in this sense that we look forward to Hefer's commission.

While President Thabo Mbeki's appointment of the commission appears to be the only practical option to ward off any claims of bias, some may argue that the use of a retired judge from our previous dispensation actually places him in the same boat as Ngcuka, since they both worked in the legal field in the apartheid days.

While Maduna has volunteered to add his name to the Hefer list, the same will not be easy for the journalist who may have to disclose her sources in court.

Whatever she decides, it must be noted that she did not state that Ngcuka was a spy. Rather, she reported that the ANC claimed it once investigated the possibility that he was a spy.

Political parties can learn something from all this. Politicians, being public officials, are judged on whether their conduct brings honour or disrepute to their elected office.

The media plays a watchdog role in all this, serving as the eyes and ears of the public.

Where the common good is compromised, the media is not expected to look the other way by not informing the public. However, the onus rests with the prosecuting authorities to investigate any wrongdoing and bring the matter to court. Regrettable as it is, the Zuma/Ngcuka saga provides an opportunity to reflect on whether the media is standing its ground as an active observer, or whether the ground is shaking so much that the media is now a casualty.

While we wait for Hefer's final word, journalists must realise that the honour of their profession lies neither with the courts nor with politicians. It lies in their hands, and they risk losing it if they don't keep a firm grip on it. As long as we know that, we can continue to honour our calling to respect the public's right to know, in good times and bad.

With acknowledgement to the City Press.