Bloemfontein - The Hefer Commission's work was like finding one's way through a dark tunnel, its evidence leader Kessie Naidu has admitted.

In an interview, Naidu also said it was highly unlikely that the commission would complete its work before the end of the year, due to the numerous stumbling blocks already placed in its way.

"It is very hard to say how long the commission will have to sit. It will depend a lot on information to come out, documentary and otherwise", Naidu said. "It does not look like it is going to be completed this year."

A month after President Thabo Mbeki established the commission in the wake of spying allegations against Scorpions chief Bulelani Ngcuka, still no evidence had been placed before the commission by the accusers.

The accusers, ANC stalwart Mac Maharaj and foreign affairs adviser Mo Shaik, have been granted a postponement until November 17 for their testimony and gave the commission the responsibility to source the documents to prove that Ngcuka was an apartheid agent.

In addition, key witnesses have refused to testify, while the intelligence services made it clear on Friday that they would not open their archives to the commission.

From the evidence led so far, it seems unlikely that Judge Hefer could come up with a definitive finding.

Naidu said the reluctant witnesses have upset the commission's balance "somewhat but not completely".

"People have constitutional rights," Naidu said. "They can ask for time to prepare their case, so I am not being critical of the reasons for these indulgences.

"But the fact that all these opportunities have been given and the delays that then arose, certainly made us review our strategies."

He said the commission expected to use information provided by the accusers to follow up leads.

"Unfortunately it's not here," he said.

"So if those who had the information, (provided it), we could have placed it on the record and followed it up through our investigators."

Maharaj and Shaik asked the commission to source a seven-page list of classified documents from the intelligence services to enable them to prove that Ngcuka was an apartheid agent, with or without the codename RS 452.

But veteran counsel George Bizos argued that the commission was bound by a number of secrecy laws and could not receive a blanket reprieve to obtain "truckloads" of documents.

Ngcuka and Justice Minister Penuell Maduna's legal representatives were outraged and are expected this morning to suggest that Judge Hefer challenge some of the legal constraints, such as a provision that the director-general of the National Intelligence Agency cannot be called to testify.

As the commission prepares for a two-week break from investigations from today, Naidu is, however, not pessimistic about the secret services' stance.

"I am also confident now that they understand the importance and the urgency of this information and the necessity for it to be placed appropriately before the commission."

With acknowledgements to Christelle Terreblanche and the Cape Times.