A contradictory picture is emerging about former transport minister Mac Maharaj's meeting with President Thabo Mbeki in late August, where Maharaj sought guidance on whether he should "go public" with his claims about national prosecutions chief Bulelani Ngcuka.

At the Hefer commission in Bloemfontein this week, Maharaj revealed that he consulted with Mbeki about allegations that Ngcuka was a spy before confirming that Ngcuka had been investigated in the late 1980s.

The clear implication is that Mbeki at the very least did not object to his decision to "go public", and there have even been some suggestions that he endorsed the decision.

However, it appears that this interpretation is a matter of dispute. It seems that rather than endorsing the decision, the president may have expressed some scepticism about the information presented by Maharaj, suggesting that further talks were required.

Presumably, Mbeki has access to the African National Congress (ANC) files on the issue, as well as to any information held by the country's various intelligence agencies. A letter recently submitted to the commission from Mbeki's office indicated as much on the latter issue. The letter says the South African president has "unfettered access" to all information in the hands of the intelligence agencies.

This begs the question why the president needed to appoint the commission in the first place, if he had all the information at his fingertips. Part of the answer may lie in the desire to establish what, if any, additional information Maharaj and Shaik may have.

Another possibility may be that the president decided to call their bluff, hoping that the commission would settle the matter once and for all. The upshot is that the ball was placed firmly in Maharaj and Mo Shaik's court, and they have not covered themselves in glory to date.

During cross-examination at the commission yesterday by Marumo Moerane, legal counsel for Ngcuka, Maharaj said he had taken documents with him to the meeting with the president. He said he had shown some of these documents to Mbeki.

Moerane said his instructions were that it was not the case that Maharaj had shown Mbeki documents. "He (Mbeki) demanded the documents."

These papers included a document known as the "MJK report' which is a reconstruction and amplification of the initial report compiled by former intelligence officer Mo Shaik.

Moerane put it to Maharaj that the report was filled with "flawed conclusions from incorrect facts", noting that the report said Ngcuka had attended a trip to Dakar in sponsored talks with the ANC in early 1989.

In fact, the Dakar talks had taken place earlier. Maharaj acknowledged this fact but said there were several Dakar-like events, and the point still remained that Ngcuka had managed to travel despite restrictions placed on many other members of the liberation movement, which raised suspicions.

Presidential spokesman Bheki Khumalo yesterday declined to comment on Maharaj's statement that he had discussed the spy allegations with Mbeki.

"It would be wrong to try and interfere and comment on the commission ," he said.

Khumalo said the presidency did not wish to comment on every allegation that emanated from the commission.

With acknowledgements to Tim Cohen, Robyn Chalmers and the Business Day.