The much-vaunted appearance of former transport minister Mac Maharaj and former diplomat and security operative Mo Shaik before the Hefer Commission started 14 hours ahead of schedule - in the sky.

Maharaj and Shaik were flying with their attorney, Shaik's brother Yunis, and their counsel Steven Joseph on the 6.30pm flight from Johannesburg to Bloemfontein on Sunday night when Joseph told Yunis Shaik that he had seen their top-secret documentation and planned testimony in the hands of a Scorpion member sitting at the back of the aircraft.

The Scorpion was Rudolph Maastenbroek, part of the legal team representing National Director of Public Prosecutions Bulelani Ngcuka. He was accompanied by Ngcuka's attorney, Dumisane Thabathi.

Yunis Shaik confronted Maastenbroek, who confirmed that he was studying the Maharaj/Shaik papers.

Yunis Shaik said he was outraged because he had given specific instructions to evidence leader Kessie Naidu and commission secretary John Bacon not to disseminate their full documentation to anyone, except themselves and the judge - and that, furthermore, doing otherwise was a contravention of the Commissions Act.

"It is also highly unethical," said Yunis Shaik.

"I am absolutely outraged and appalled that Bulelani Ngcuka's legal team had sight of our documents, some of them very sensitive."

Maharaj and Mo Shaik were angered by their mid-air discovery.

Immediately after being told by Yunis Shaik that the "opposition" had their papers ahead of time, Mo Shaik stood up and started striding to the back of the aircraft, but he was restrained by Maharaj.

Following that, as the plane touched down in Bloemfontein, Yunis Shaik called Bacon, who confirmed that he had handed over the documents to the Ngcuka team.

When asked what Bacon had said when told it was contrary to an instruction, Yunis Shaik said Bacon replied: "Oops."

But, Thabathi, Ngcuka's attorney, said: "This is all perfectly legitimate. The rest of my comment is unprintable."

Yunis Shaik said he would raise the issue with retired judge Joos Hefer on Monday morning.

Last week, Hefer set aside his earlier subpoenas served on the various security agencies, demanding that they produce relevant documentation regarding the Shaik/Maharaj allegations that Ngcuka was an apartheid-era spy.

With acknowledgements to Jeremy Gordin and The Star.